Injured Worker prevails against the system

Injured Worker prevails against the system

A 30-year company man was forced into retirement after suffering a broken hip on the job. However, after applying for workers’ compensation he was reinstated as an employee in a clerical position.

The 71-year-old was reinstated to a job as a shop clerk in the Department of Public Works. The position pays $45,630 annually. His attorney is happy with the result because her client still could work productively and wanted to work rather than being put out to pasture on a workers’ compensation stipend.

There was bonus, or two, or three, as well. The now recovered worker will also continue to receive his pension benefits for 30 years of county service as a laborer. Additionally, the county agreed to pay him two years of back pay, legal fees and emotional damages, reinstate survivors benefits for his wife related to his pension and drop an appeal challenging his workers’ compensation case.

His lawyer looks at the settlement as complete victory, even though the county remains adamant in its position that the gallant older worker is medically unable to safely perform his former duties as a laborer and heavy equipment operator. Small concession muses the older worker’s attorney.

All the fighting and eventual compromise began when the injured worker filed suit in federal court after the county forced him to retire following his injury. The county then cancelled survivor’s benefits for his wife related to his pension and attempted to end his workers compensation case in court claiming that the 30-year employee had taken a disability retirement.

Through the good offices of his tenacious attorney, the injured worker turned the tables and got a fair settlement.

Source: Towson Patch, “Baltimore County Settles Disability Case With Employee” Bryan P. Sears, Aug. 08, 2013

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