Legal Question in Workers Comp in Maryland
workers comp law
i have been on workers comp now for 5 years and a couple of months i was in the stage of getting voc rehab and looking for a job then it hits me again i had to have another surgery now i have l4/5 fused with hardware and l 5s1 fused no hardware so now i have to wait until i am released again to go for settlement is there a limit on the settlement or is it something both sides agree to and thats it i get 400 weekly and i hope to get at least 300,000 or is this just a dream thanks in advance for the help
1 Answer from Attorneys
Re: workers comp law
Your permanency award will be determined either by a settlement with the comp carrier or by a ruling made by an administrative law judge after a hearing. After your doctor releases you from post-surgery follow up, he/she should give you a disability rating. A 100% disability rating would entitle you to 500 weeks of benefits, 50% is worth 250 weeks, etc. If the comp carrier disagrees with your doc's rating, they will have you examined by their own doctor, and use that rating to try and work out a compromise or as evidence at the hearing. Your weekly compensation rate for permanency may not be the same as what you're receiving now for temporary disability. It depends on the seriousness of your injury (i.e., how high your disability rating is).
If you don't have an attorney representing you, you can be sure that the comp carrier will take advantage of your lack of knowledge to minimize your award.
Robert Sher
301 986-4555
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