Legal Question in Workers Comp in Maryland
partial compensation for possible future complications
I am a physical therapist who suffered a back injury at work secondary to a fall over an out of place item. An MRI and an orthopod have concluded a moderate lumbar disc injury which has left me with radiating symptoms. The symptoms have relieved somewhat with treatments including PT and epidural injections, to where I feel I could perform my job. But, from my experience, I know that I am at a higher risk for future injury secondary to this injury and the physicality of my job. My question is: Can I recieve ongoing compensation for the good possibility that I will have future problems with my back eventhough I am able to perform my job adequetely at this time? I have not returned to work yet, but am possibly going back soon. I guess I feel my future is at stake both recreationally and/or emlpoyment-wise from a fall caused by negligence at work and that doesn't seem fair.
3 Answers from Attorneys
Re: partial compensation for possible future complications
You are a candidate for a permanent disability award if you can demonstrate diminished future earning capacity. Your physician must be able to state that you have reached maximum medical improvement and that you have a certain percentage loss of use of your back. He/she would derive the percentage by using the applicable AMA Guides. A 100% back disability entitles an injured worker to 500 weeks of benefits under the MD worker's compensation law, so whatever percentage disability can be established for you would be applied against that limit. I strongly suggest you consult an attorney who is knowledgeable in worker's compensation law so that you can obtain the benefits to which you are entitled under the law.
Re: partial compensation for possible future complications
You may be able to receive permanent disability which does not last for the rest of your
life as the term "permanent" may imply. You need to show an injury to your back that has disabled you
from being able to perform your job.
Also, you mention negligence. If you have accepted worker's compensation, you cannot collect on the tort of negligence. Worker's
compensation was established so that someone who was injured at work could collect without having to go through the rigors of proving negligence.
In lieu of this benefit, the law was drafted so that worker's compensation benefits would be preclusive of bringing a suit on the same matter.
Re: partial compensation for possible future complications
Your concern appears to be that although you have recovered from your Worker's Compensation injury you believe you are at a higher risk of injury and disability in the future. You should make a claim for your current injury now. You will be compensated for any loss of usage at the present time. If, within the next five years, you become worse, you can file for additional loss of usage. Please consult with an attorney, like myself, who can sit down with you and give you all the details.
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