Legal Question in Workers Comp in Maryland

My husband was hurt on his job and lost a third of his finger due to fauly equipment. He had a reattachment of the finger and was out 6 weeks for the healing of it. It did not work and had to be amputated and then he was out 8 weeks for the healing. He had a lawyer represent him and the lawyer has him trying to settle. He gets 5,000 and the lawyer gets 22% of it and it stays a open case if he has a problem later in life. This did not cover our house hold expences during these times and we were blessed that we have a savings that we were able to cover but took 6,000 of our own money to cover household during this time. This is our retirement money we saved and cannot get back right away with this economy. Does this settlement with workmans comp. sound fair to you?. It was the loss on his wedding finger and he cannot wear a ring because of the numbness and also he is uncomfortable that the ring would make the loss stand out more. I am angry about this and not understanding how such a little amount is fair for him and I.


Asked on 9/16/11, 8:05 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

The workers' compensation law sets out the amount of recovery to which an injured worker is entitled based upon the nature of the injury. The loss of a 3rd (ring) finger is rated at 30 weeks of compensation. But because he lost a finger, he's entitled to weekly compensation as if it was the type of loss worth more than 75 weeks. The weekly amount is the lesser of 2/3 of your husband's gross pay at the time he was injured, but cannot exceed 1/3 of the average weekly wage for a MD employee, which is probably less than what your husband was earning. In 2010, the state avg. weekly wage was $920, so 1/3 of that would be $307. Of course, if the injury occurred in a different year, the avg. weekly wage would be different. So 30 wks. x $307 would be $9210, which would be the most your husband would be entitled to (I'm assuming he was earning more than $460/wk). The lawyer's and any fees for medical reports solicited by your lawyer would come out of that. The amount of the fee is also set by statute--ask the lawyer to show you that. Of course this is on top of the temporary disability payments he should have been receiving during the healing period. So it sounds like this settlement is on the low side, even with medicals remaining open, which your husband would get anyway if he went to a hearing.

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Answered on 9/16/11, 8:48 am


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