Legal Question in Workers Comp in Maryland

to settle a workers comp back injury case?

My husband was injured in Nov. 2004. He has a permanency rating of 37%. He was offered $40,000 to settle about 6 months ago and decided not to take it because he was feeling pain again after working and twisting his back again (At a different job) he had an IME recently and was advised that this may not be related to the prior incident. He now wants to settle. The attorney was furious with me when I spoke with him this morning to advise my husband wanted to settle and told me it will take about 6 months to settle even though an offer has already been made. Can you tell me what the process is to settle and the time frame? Will it take this long. Should he settle?


Asked on 2/27/07, 10:25 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: to settle a workers comp back injury case?

The process to settle, once the terms of the agreement are finalized, is for your attorney to draw up a settlement agreement, go over it with you and have you sign it, then submit it to the comp carrier for their signature. Then it's submitted to the comp commission for approval. This shouldn't take 6 months if everyone acts in a timely fashion.

There are 2 kinds of settlement--a full and final, and one in which you settle for the disability but keep open your right to receive medical coverage if further treatment for the comp injury becomes necessary. It sounds like your husband would be better off with the latter, since he's still having problems, albeit possibly not related.

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Answered on 2/27/07, 3:11 pm


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