Settled a complex alimony request for a woman who had been married for 20+ years and although highly educated had been a stay-at-home mother for some time.
Author: JGL Law
- Website
- https://www.jgllaw.com
Posts by JGL Law
When someone who works hard, lives paycheck to paycheck, gets thrown down temporarily – the system of workers’ compensation, established in 1914, gives him or her a fighting chance to get back on the road to recovery and gives them the opportunity to keep their family life on track. They do not have to expend great sums of money to sue a large corporation for an accident caused by faulty parts, bad maintenance or hazardous conditions.
Public safety employees injured in the line of duty need to know that they will be protected. Medical personnel and those working within our school system will have coverage. Supply chain workers, groundskeepers, food workers, construction workers, and all who are the backbone of our country, have a safety net.
What Types of Injured Workers’ Cases Are Considered Compensable?
The system, of no fault coverage, allows certain defined accidents or occupational diseases, subject to defenses by the employer, to be considered compensable. There are checks and balances. Cases are heard before a small group of specialized appointed Commissioners who are educated as to the law and know the community of lawyers that appear before them in administrative hearings. There is an appeal process to the circuit court. The most important thing for claimants to know is that there are time deadline for every type of claim, from accidents, to dependency death claims. Failure to proceed in timely fashion could bar the claim for ever.
Although under the radar to many folks, the workers’ compensation machine is one the largest economic engines in the state, involving multi-million dollar allocations annually.
How Long Are My Medical Coverage Benefits Available in a Compensable Case?
Being an advocate for the disabled matters. The injured will know they have coverage. They will be able to have support and guidance – even if it’s for a little while. And they will know that medical bills from the accident will be covered and not bankrupt the family. Or we can help if they need some rehabilitation to re-enter the workforce or receive permanent partial payments to supplement a return to work. And for the worst cases, they will be able to receive permanent total protection and benefits. After a fatality, dependents are able to petition for dependency benefits.
How Do I Handle a Preexisting Condition in Maryland?
We have a fund in Maryland established for employees injured while working for uninsured employers, as well as a fund to capture preexisting injuries so that employers are not concerned about being liable for the preexisting injury if the combination of the preexisting condition and the accident related injury combined, reach a certain threshold.
Can I Sue Someone, at Fault, Who Was Not My Employer and File Workers’ Compensation?
When there is also a third party case involved, there are rules regarding liens and net recovery set offs that must be handled properly to protect the client. When we consult with our client, we advise of all benefits, and how the system of social security and retirement all interact. Without careful planning, one benefit might wipe out another!
Is It Legal to Terminate an Employee on Workers’ Compensation?
By law, one cannot be terminated for the filing of a workers’ compensation claim per se. However, Maryland is an at will State, and one might still get terminated if not under contract or union agreement that spells out the procedure for terminations, while under workers compensation. Furthermore, if you are terminated and then want to file after, it may be seemed as a retaliatory filing. Its best to consult an attorney as soon as you get injured to plan a course of action ahead of time, before it’s too late.
There are also other programs like FMLA, that sometimes can run concurrently with the workers’ compensation that does protect your position. Plan smart.
*Please NOTE this is all general information and not intended to be relied upon for legal advice. Please request a consultation from our experienced attorneys at Joseph, Greenwald & Laake, P.A. for your specific case facts.
Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.
In this episode, Brian Markovitz discusses the following points and more:
- What is an Employment Contract?
- Are you in a Union?
- Who can be fired and why?
JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.
Joseph Greenwald and Laake PA civil rights lawyers Jay P. Holland and Erika Jacobsen White represent Officer Mark Miles in his claims of racism against the Maryland-National Capital Park Police.
Sergeant Stephanie Harvey, and other white officers on his squad repeatedly made racist, hateful, and offensive comments with impunity, which Defendant Harvey encouraged and participated in. Defendant Harvey referred to Officer Miles as “half-colored,” and stated, “They want a race war…ok lets go. Miles ur on our side…at least half of u is!” Defendant Harvey stated about a race war, “Im ready. I need more ammo though[,]” and in reference to her own conduct stating, “[D]on’t turn these texts over to [Internal Affairs] and get me fired for hate speech!”
Media Coverage:
Atlanta Black Star:
Washington Post:
https://www.washingtonpost.com/dc-md-va/2022/03/17/maryland-police-racial-harassment-lawsuit/
CNN
https://www.cnn.com/2022/03/17/us/maryland-park-police-lawsuit/index.html
WTOP news
https://wtop.com/maryland/2022/03/lawsuit-claims-md-park-police-force-has-toxic-and-racist-culture/
New York Times
https://www.nytimes.com/2022/03/16/us/black-lives-matter-montgomery-police.html
The Daily Record
For media and press inquiries contact: news@jgllaw.com
Family businesses can become a bit complicated when looking into how labor laws apply to them. It can be tempting to take a more relaxed approach when employing family members, but skirting the line of legality can blur the boundaries for your non-familial employees as well. To avoid becoming entangled in any legal trouble, you are better off following the rules to the letter.
Joseph, Greenwald, and Laake, PA can give you the resources to keep your family’s business protected and out of trouble, and to do so you need to know what the law requires.
What the Law Permits
Family businesses are allowed to employ relatives under the age of 18, but the Fair Labor Standards Act puts certain requirements in place to ensure children are working in safe conditions, and that their education or social life is not being compromised. Family employees under the age of 18 are put into three classifications: under 14, 14-15-year-olds, and employees that are 16 to 17 years of age. These groupings help the government more effectively establish legislation for each age group.
In the state of Maryland, minors under the age of 14 are typically not permitted to work, but an exception is made if it is a family business. To ensure no minors work beyond a reasonable capacity, different age groupings have their own restrictions for the number of hours they are allowed to work per day or week:
- Minors in the under 14 group, and the 14-15 group, can work up to 40 hours a week when school is not in session, but cannot exceed 18 hours per week during the school year.
- The regulations for the 16-17 age group are not as strict, allowing minors to commit to no more than 12 hours of a combination of work and school per day, and must be allowed at least 8 consecutive hours of non-work, non-school, time in a 24-hour period.
Just as the federal and state governments can place regulations on the number of hours children work, they also restrict what jobs they can work. Any job that involves dangerous equipment, hazardous tools, and access to materials that can cause harm is prohibited for child employees. If the business is a family restaurant, for example, children should be kept away from deep fryers, knives, and any stove equipment.
State officials may pay routine visits to ensure that safe practices are being followed and regulations are not being encroached upon. In the case that anything is found amiss during one of these inspections, your best defense is having good legal representation.
JGL Will Defend You like You’re Family
With decades of experience under our belts, Joseph Greenwald and Lake PA can help create a defense for your case to get you to the best outcome possible. If your family business has any questions about legal requirements or is involved in litigation, schedule a consultation now or call us at 301-220-2200 to find out more about your options.
Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.
In this episode, we welcome Rick Rudman back. He answers the following questions and more:
- How to get the best price and fast sale
- How to speed up the home improvement process
- How to get the benefit of maximum home profit
JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.
We look to doctors and practitioners as professionals who are there to help and have our best interests in mind when it comes to medical care. But unfortunately, malpractice can sometimes occur.
Medical negligence can be devastating and have long-term physical, mental, and emotional effects. It can affect the individual and their family and loved ones. From misdiagnosis to unnecessary surgery, incorrect dosages of medicine, or other malpractices, it can be challenging to navigate. Below, we break down medical negligence and dive into some cases you can sue a practitioner.
What is medical negligence?
Medical negligence is low-quality care that has been provided by a medical professional. Doctors have to make many decisions regarding people’s health, so negligence can sometimes be challenging to prove, but in many cases, it can refer to a misdiagnosis, surgical errors, substandard treatment, or more. If the care leads to a worsening condition or harm to the patient, that can be grounds to file a lawsuit.
What are some examples of medical negligence?
- Surgical errors, including working on the wrong area
- Failure to diagnose a condition or illness
- Medication errors
- Misreading of test results
- Inadequate follow-up appointments
What are the most common surgical mistakes?
Many times, surgery errors are the source of medical negligence lawsuits. Below are some of the most common surgical mistakes that can worsen conditions, harm, or even fatality.
- Wrong size prosthesis in surgery
- Damage to the bile duct following gallbladder surgery
- Oversights to diagnose appendicitis
- Perforation of the bowel during abnormal pregnancy
- Hemorrhages after gynecological surgery
- Failures to diagnose ectopic pregnancy
When can you sue for medical negligence?
As shown with the examples above, there is a wide range of situations of medical negligence, but what can you file a lawsuit for?
1) The medical negligence led to an injury
If the doctor’s treatment, care, or surgery led to an injury, that could be grounds for a lawsuit. Essentially, you need to prove that your doctor was incompetent and that his care led to an injury that is affecting your daily life.
2) The doctor provided substandard care
When visiting a doctor for medical care, there is the expectation that a medical professional will follow the rules of accepted practices and treat the person with the highest level of care. If a doctor willingly and knowingly provides care not according to accepted methods, that is considered negligence.
3) The injury or harm cause severe damages
This can come in many forms; whether it be loss of income, suffering and hardship, a disability, or more, these are examples of what could be classified as negligence.
Contact JGL Law for assistance with a medical negligence lawsuit
When you have questions about medical negligence, trust the expert lawyers at JGL Law. Backed by 50 years of experience, we have extensive knowledge of the medical landscape and can help you understand your options. Contact us today for a consultation!
Is it possible to maintain a long-term relationship without fighting?
Get the answers here.
The decision from the Court of Appeals today made clear that the Prince George’s County Council could not override the redistricting plan drawn by the County’s independent Redistricting Commission, by passing a simple resolution, when the County Charter unambiguously required the Council to pass a law, subject to veto by the County Executive, if they wished to override the Commission’s plan.
The redistricting process outlined in the County Charter requires the Council to pass a law, instead of a simple resolution, to provide meaningful protection against the Council’s self-interest when they draw their own district lines.
As a result of the decision today, the communities split apart by the Council’s unlawfully adopted redistricting plan will stay together, and the Commission’s uncontroversial, fairly drawn map will be in effect until the next census in 2030. This is a victory for the voters of Prince George’s County, for fair redistricting processes, and for representative democracy, which is stronger when voters can elect their chosen representatives, not when legislators choose their constituents.
If you think you have a possible personal injury lawsuit, you may be wondering what the process is like, the timeline, and how to navigate it. A personal injury lawsuit can vary from state to state, and a wide range of situations can arise depending on the case.
As a result, legal issues can be overwhelming and challenging. This blog will walk you through the process to better understand the timelines and what you can expect. Below, we break down the general timeline of a personal injury lawsuit, so you know the appropriate steps to take over time.
Personal injury lawsuit timeline
1) Seek medical attention
Before doing anything else and most certainly before considering legal action, you need to get assessed by medical professionals to get the proper diagnosis and treatment. This will help to avoid any questions later on from insurance adjusters or a jury, about whether you actually suffered an injury in the accident.
2) Find and have an initial meeting with a lawyer
It’s essential early on, after the initial medical care, to research and find an attorney who actually specializes in personal injury cases and trials. Once you have selected an attorney, your first meeting will involve a discussion regarding the circumstances of your accident to determine if you have a winnable case. Your attorney will ask questions regarding the accident, your medical condition, and treatment and prior medical history, as well as your work history, and your background. Obviously, it’s critical that you provide the specific and accurate details so that the attorney can assist you. The attorney will decide if the case can be successful. If so, you will retain the attorney by signing an agreement and provide authorizations to obtain your medical records and information regarding your employment and lost wages
3) Negotiating
After accepting your case, your attorney and their staff will obtain information from the various witnesses. They will collect all the facts about the accident and all the medical records regarding the medical care and treatment as well as the medical expenses and the income you lost due to the accident.
Once you have recovered and discontinued treatment or it become clear that you will not benefit from further treatment, your attorney will often provide all the relevant information on the harm you suffered to the insurance company adjusters to see if the case can be settled before suit is filed. If the insurance company has any interest in settlement, then negotiations will begin. You will be kept informed regarding the negotiations, since the decision to take the offer from the insurance company is up to you. Your lawyer will file a lawsuit if it is clear the case cannot be settled. The defendant will be served with a notice of the lawsuit.
4) Discovery process
After the lawsuit is filed, “discovery” begins. This is the process by which each side obtains information from the other. This process can last approximately six months to a year, depending on the court deadlines and the complexities of your case.
It involves each side sending written questions to the other. The answers to all the questions are given under oath. Your attorney will help draft your written answers to the questions posed by the other side. Each side also has the right to obtain documents from the other about the case. This can include medical records and expenses, tax returns (if a claim for lost wages is being made) and other written material which has to do with the case.
After written discovery, each side can subpoena witnesses to give a deposition, which is live question and answer under oath. Your attorney will help you prepare for this critical part of the litigation process.
5) Mediation
Mediation is a process where the parties and their attorneys have a meeting with a neutral mediator to attempt to settle the case before the trial. If the Court orders mediation, you must attend, but the decision to settle is voluntary and no one can force you to settle. The mediator will attempt to get each party closer to a point where the case can be settled. Oftentimes it will involve the defendant paying more than it was willing to and the injured party accepting less than they believe the case is worth. In other words, it is an effort to get the parties to compromise. It is a helpful process because it helps achieve a settlement. Even if the case is not settled, oftentimes you can gain valuable insight into how the other side views your case and your evidence. This can help to shore up weaknesses before the trial.
6) Trial
If the case cannot be settled, the next step is the trial. The trial can be before a single judge. It can also be decided by a jury if certain conditions are met.
At trial, both parties will present evidence and witness testimony. Before the evidence is presented, each attorney will make an opening statement which outlines what the dispute is about and what evidence they will hear and see. After all the evidence is presented, each attorney will make a closing argument, outlining the evidence and emphasizing why the judge or jury should find in their favor.
Finally, the judge or jury will make a decision and issue a “judgment.”
7) Appeal
The last aspect of the personal injury lawsuit process can be an appeal. Generally, losing party can appeal if they are unhappy with the decision. An appeal can be pursued, if the losing party believes that the judge committed an error during the litigation.
Contact JGL to speak with our personal injury attorneys
When you or a loved one has a potential personal injury lawsuit, look to the expert team at JGL Law. We have over five decades of experience handling a wide range of cases, and we are committed to our client’s long-term success. Contact us today for a consultation!
This is an excerpt of a program that can be found on JGL Law Podcast, and informative series our firm produced during the year. We were actually awarded top 20 Best Commercial Litigation Podcasts of 2021- Welp Magazine – if you want to check us out.
*************************************************************************************
Life has changed for all of us. Once again, however, the workers’ compensation system does some heavy lifting and stays in the spotlight in the social, economic and political arenas.
The workers’ compensation system has long been termed “The Grand Bargain” between employees and employers. The employers are protected from liability suits in exchange for providing benefits for certain injuries and illnesses.
Paradigm shifts in our lives and workplaces have raised many questions within the system.
Three Relevant Case Types in Worker’s Compensation:
1. The new GIG economy and Service Apps.
2. The COVID pandemic contracted illnesses.
3. The remote work or home office accidents.
How Workers Compensation Laws are Affecting the GIG Economy
I. One of the most controversial phenomenon, not only in our state, but nationally and internationally is taking place in the “GIG” economy. These “Service Apps,” whether it is Uber/Lyft or Doordash, are changing the landscape from traditional employer-employee relationships. They do not fall into independent contractor status either. They are a very successful hybrid of both terms.
There is a constant “give-and-tug” going on between the parties, only to be intensified during the pandemic. The prime example is taking place in California, where Uber has roots and resources. California passed a law that essentially classified most workers as employees, with very few exceptions. Uber waged a multimillion-dollar campaign, in a referendum, to exempt their workers. They won that battle only to be challenged in other ways. The constitutionality of the proposition was challenged and a judge agreed. Uber threatened to shut down. It appears the case is headed to the state Supreme Court.
I have contended that all these battles, expending millions of dollars, are only putting out fires as they arise. These GIG giants have the opportunity to think outside the box, create a new entity. They need to make sure to satisfy each player. The government needs to be able to tax, the workers need some insurance coverages, and Uber can keep their distance from actually being an employer to the growing number of folks who want flexibility accessing platforms for either full-time or secondary jobs.
One can look at several examples of prototypes that already exist. Amazon is using franchise type independent contractors for delivery vehicles. A popular method in the DMV, here in town, is a model created by general contractors. They rely heavily on sub-contractors in the construction field and cannot afford for smaller subcontractors to let their insurance lapse. So, they came up with a plan, whereby they remain independent contractors, but must pay into the general (usually out of their payments) to a workers’ compensation policy purchased by the general.
This could easily be achieved by charging the Uber drivers for that workers’ compensation policy, deducting it from paychecks. Other delivery services such as food delivery apps have already added a surcharge and provide benefits similar to an AFLAC policy.
The possibilities exist and must be explored. Otherwise the issue will not get resolved. We all recall it was only a matter of time; after FedEx lost its battle to keep drivers independent.
When the Biden Administration Labor Department issued it’s recent interpretation of these drivers as employees, Uber’s stocks plummeted. The GIG companies have urgency to resolve these issues on a mass scale.
Why not devise a plan, where all parties get a piece of the pie and continue to grow the Apps? First, as I stated before, the government wants to collect taxes. It believes it is missing out on payroll taxes. Furthermore, there is even a split of opinion between the workers. Some want true independence and no boss to control them. They want to pick up some extra cash when they need it or they want to be their own boss, as it is with many independent Amazon drivers. The other half want protections, benefits and structure that unions have traditionally provided. We saw that play out in California on the vote on the referendum.
I believe the first scenario will continue to dominate. More platforms will pop up, such as is the case of temporary worker apps or handyman and maid service apps. The marketplace will not be able to stop them. The only way forward is to self-insure or insure under an umbrella.
Workers Compensation Directly Relating to Covid-19
II. The second issue relates directly to the pandemic. The topic is too lengthy to cover in this short blog. Tune into our JGL Law for You legal podcast to hear from me as I go into detail on how COVID-19 affected workers’ compensation practices. (this part was added, please leave it and delete the highlighted, or delete the sentence and keep the content)
To recap the Maryland experience, I can advise that no legislation was passed by the Maryland legislature to provide anyone with a “presumption of compensability” for on the job COVID illness. I sit on the Senate-House Oversight Committee for Workers’ Compensation and Employee Benefits as a public appointed member.
Several bills were introduced and reviewed on COVID, including presumptions for public safety, educators, and health care providers. Some legislation wanted to change well-established law on presumptions and/or occupational diseases. Other legislation was introduced to be temporary and have sunset provisions.
However, after a cautious review, no presumption legislation was passed. Maryland has an established delicate balance between employer and employee rights. Representatives of the plaintiffs’ and defense bar are cautious not to constantly change established statutes and promulgate new regulations. We found that we could still preserve a right to move forward with these COVID claims within our framework. To date, claims have proceeded, with the usual requirement of a healthcare provider stating a causal connection of contracting COVID to the workplace. The defense remains with all defenses, such as proving timing as well as other sources of exposure to the virus.
The Maryland Workers’ Compensation Commission and its community of lawyers are unique. They have a long history of working together to solve issues that arise within its subject matter jurisdiction.
How is Remote Work Changing Employer Responsibility?
III. The last growing area of new cases, which follows naturally from shutdowns, is the home office accident or claims. This new wave of “remote working” is here to stay, whether the pandemic finally ends or not. People have found that they can be very successful and often more productive without commutes. Zoom and Microsoft Teams meetings are an everyday event.
I believe that it is really up to the employer, who allows the remote or telecommute, to set up the rules. Without rules, the employee has the same rights he/she would have at the office. The employer would retain the usual defenses, however with much more difficulty if boundaries are not set.
For example, the employer gives an employee a computer and printer and states that work on said devices must take place in a separate specified room in the home. If the employee trips over the printer cable, and sprains an ankle, that should be covered, just as it would at the office.
However, if the same person goes for coffee in his/her kitchen during a morning break, trips on a child’s toy and hurts his/her back, that might not be covered in our first scenario because the employer has outlined explicitly the work environment boundaries.
Occupational diseases, like carpal tunnel claims, would still be filed and contested. Most of the time, classical scenarios would dominate and would be decided by the Commission unless the parties worked out a resolution.
I just had a more complex compensation issue, where a sales lady was allowed to work from home and had her “office equipment”; laptop, paper, pens, printer, on her kitchen table. However, she never moved her landline phone into that room. An accident occurred one day, as she was working in the kitchen and her boss called her landline. She rushed to the other room to answer it, fell, hit her head and sustained a concussion.
It was contested and ultimately settled. So, the best conditions for both parties is to set up the work place designations and for employees to stay within those parameters to be safe and protected.
Of interest is the recent international movement to keep work spaces safe for workers and prevent abuses in remote working environment. Portugal recently passed dramatic legislation. The Ministry of Labour and Social Security stated “the pandemic has accelerated the need to regulate what needs to be regulated. Telework can be a ‘game changer’ if we profit from the advantages and reduce the disadvantages,” as cited in Euronews.next, (Jason Strull/Tom Bateman, 8/11/2021).
I hope I raised more questions than I provided answers. Thanks for listening.
Under current law, with few exceptions, employers may force employees to give up their right to a jury trial as a condition of employment – even in the cases of civil rights violations, including sexual harassment and sexual assault.
Under such “forced arbitration” provisions, employees often face employer-friendly “judges” who are paid by the employer themselves, and who may be repeat players. Force arbitration provisions also impose limitations on the right to appeal, and frequently limit discovery, making it difficult for employees to prosecute their cases. Employers may also legally ban class actions in arbitration, limiting low-wage workers from joining together to recover for wage and hour violations. Further, by taking cases out of the public eye of the Courts, employers have been allowed to hide repeat offenses from public scrutiny.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), however, would amend the Federal Arbitration Act to exempt sexual assault and sexual harassment claims from forced arbitration, passed in both the House and Senate with rare bipartisan support. The President is expected to sign the bill into law and has expressed support for the bill.
