Legal Question in Workers Comp in Maryland

Total Perm Disability Settlement

I've been given a 100% total perm disability rating. My comp rate is $577/week...check amount $384/week. Being that I am only 36 yrs old and will never be able to work again due to my back injury, 2 level fusion w/bone grafts ( I'm not fusing) and hardware,severe nerve damage, & chronic severe pain daily.I take a lot of morphine every day so I am able to function some what during my daily life. I am now at the settlement part of my claim. How do they determine the amount of settlement? Is there a cap off on the amount of monies awarded?Is there a guideline to go by? Do I have a choice of payment options? Any advice is greatly appreciated. Thanks


Asked on 2/10/04, 1:12 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Total Perm Disability Settlement

If you're found to have a 100% permanent disability, you're entitled to 667 weeks of benefits. The weekly benefit would be the same amount as you are receiving now, $384, provided that amount is not more than 75% of the State Average Weekly Wage for the year in which you were injured. That amount is determined by the workers' compensation commission and the figure can be obtained from them.

It wasn't clear from your question that the 100% disability rating was what your doctor rated you, or what the insurer accepts as the appropriate rating. If the insurer hasn't accepted this degree of permanency, they can dispute it by having you examined by a doctor of their choice.

There are also issues regarding the continuity of your medical treatment and how that figures into the final settlement amount.

I hope all of this causes you to realize that you would be well served by seeking the assistance of an experienced workers' comp attorney to assist you in getting the best possible settlement and making sure that your rights are protected. Please feel free to contact me for further discussion.

Robert Sher

301 986-4555

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Answered on 2/10/04, 3:11 pm


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