Legal Question in Workers Comp in Maryland

I live in the state of Maryland. I was in a vehicle accident at work and sustained a serious injury in which I had to have surgery. It's settlement time and I'm told I have a $120,000 workers comp lien. They are willing to wipe the lean clean and allow me to keep the personal injury insurance settlement offered by the at fault drivers insurance company, if I release them from any further liability be it medical and any permanent injury settlements. My question is I've had health insurance the entire time couldn't I have me health insurance pay the lien and still keep the workers comp insurance on the hook for all future medical needs related to my injury and obtain a permanganate disability settlement?


Asked on 10/28/12, 3:21 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

No. In a worker's comp situation the comp insurance is primary and you may not even be entitled to use your health insurance. It's generally not a good idea to waive future medicals unless you are pretty confident from your doc's prognosis that you've made a complete recovery and won't need future care. If that issue is still open and you may receive a permanent disability rating, you will be entitled to a permanent partial disability award, which the comp carrier is trying to avoid by offering you this deal.

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Answered on 10/29/12, 7:00 am


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