When you are injured on the job, the path to recovery is often stressful. One of the main stressors in Maryland is figuring out when you will get a settlement offer from workers’ comp. In most cases, this will come after the doctor determines that you’ve reached Maximum Medical Improvement (MMI). At this stage, your claim is evaluated to see the full impact of your injury and what kind of settlement is fair.
At The Law Offices of Alex Poberesky, we understand that you have additional questions about workers’ compensation and hope that this article will provide answers to most of them by the end.
The Likelihood of Workers’ Comp Offering a Settlement
- After MMI, your doctor finds you’ve healed as much as possible. This is when the value of your workers’ compensation settlement can be properly assessed for future care, lost wages, or any permanent disability.
- When there’s uncertainty about future benefits, an offer is often made if it’s unclear how long you’ll need medical care or if ongoing workers’ comp benefits apply.
- If your comp claim is disputed, negotiations often happen if there’s disagreement over coverage, treatment, or benefit amounts. Insurance companies may use settlements to resolve complex or contested cases.
Beware Early Settlement Offers!
In Maryland, sometimes you might get a workers’ comp settlement offer early on from the insurer, but you must be careful about these. “Often, these initial offers are for far less than what is actually needed, particularly when they arrive before a proper settlement after IME, which provides a fuller picture of your long-term medical needs.” Many times, the insurer is trying to get the lowest payout. This could mean that they aren’t factoring in future medical costs or future lost wages. This is why we always recommend talking to a workers’ comp lawyer first. Understanding the Compensation Settlement Process
There are many factors that must be considered when establishing the worth of your claim. These can include:
- The Severity of your injuries
- Permanent disability
- Complexity of the Case
All of these can slow down the pace of your claim. A proper lawyer can help ensure that your case is moving forward without any delays.
Understanding Workers’ Compensation Settlements in Maryland
A workers’ comp settlement in Maryland is an agreement that closes your comp claim in exchange for a set settlement amount. This can be a lump sum payout or regular checks over time. The goal of this is to cover medical bills, lost wages, and, in some cases, future medical care.
In Maryland, all comp settlements require approval from the Maryland Workers’ Compensation Commission (WCC). This extra step helps protect injured workers from unfair settlement agreements or lowball offers from insurers.
We meet a lot of Maryland workers who feel unsure about when a comp settlement offer will come or how the settlement process in Maryland works. If you’re reading this, you might feel the same way. It’s normal to be confused, but you’re not alone, and we are here to help.
What Is the Average Workers’ Comp Settlement in Maryland?
Due to the complexity of these cases, there is no average comp settlement number. Factors like the severity of your injury, how much time you’ve missed at work, and your future medical expenses all affect the amount. Some offers are smaller, but others can be much higher, especially for injuries that require lifelong medical care or surgery.
How Long Does It Take to Settle a Workers’ Comp Case in Maryland?
The timeline varies. Most cases settle within 12 to 18 months after the workplace injury and after filing a claim. The process typically speeds up once the injured worker reaches MMI. Some compensation claims are resolved in just a few months, while more complex cases can take longer, especially if there are disputes with the insurers.
Waiting can be frustrating, but it’s often the best way to get the settlement you deserve.
What Happens After Maximum Medical Improvement (MMI) in Maryland?
After you reach MMI, your doctor will issue a report on your condition. This lets your attorney and the insurance company evaluate your claim accurately. For most cases, this is when the real settlement process begins.
How Long Can You Stay on Workers’ Comp in Maryland?
If you’re on temporary total disability, benefits continue until you can return to work or reach MMI. For permanent injuries, you may receive compensation payments for a set number of weeks, or in some cases, for life. The duration depends on your disability rating and state guidelines, including the state average weekly wage.
Can You Work While on Workers’ Comp in Maryland?
Yes, sometimes. If your doctor gives you restrictions, you might return to light-duty work or reduced hours. Always follow medical advice. Working outside of those recommendations could impact your claim or reduce your workers’ compensation benefits.
What Happens If You Get Fired While on Workers’ Comp in Maryland?
Getting fired during a workers’ comp claim can be scary, but you still have rights. You may still receive your settlement check or ongoing benefits for your injury. Our attorneys help ensure employers and insurance companies don’t use job loss to avoid fair payouts.
Does Surgery Increase Workers’ Comp Settlement in Maryland?
Yes, surgery almost always increases the comp settlement amount. That’s because surgery brings higher medical costs, a longer time away from work, and sometimes long-term disability.
How to Get the Most Out of a Workers’ Comp Settlement
- See the right doctors and always follow your treatment plan.
- Keep a record of all medical visits, medications, and missed work.
- Tell your story clearly and honestly to your workers’ comp attorney and the insurance company.
- Know what not to say to your workers’ comp doctor.
- Don’t rush to accept the first settlement offer. Waiting can help you get a larger, fairer offer.
- Know your rights under Maryland workers’ compensation laws.
- Consult an experienced lawyer to help with your case.
We’ve helped many Maryland workers improve their comp settlement offer with strong evidence and tough negotiations. The right legal guidance often means a higher settlement and a smoother process.
What Is Permanent Total Disability in Maryland?
Permanent total disability means you cannot return to any job due to your injury. If you qualify under Maryland workers’ comp law, you may get benefits for life, including medical costs and ongoing compensation payments.
What Is the Coming and Going Rule for Workers’ Comp in Maryland?
The coming and going rule says that injuries during your commute usually aren’t covered under Maryland workers’ comp, unless you were performing a work duty or your job requires travel. Knowing these exceptions can help protect your claim.
Can You Get Compensation for Pain and Suffering in Maryland Workers’ Comp?
Maryland workers’ compensation covers your medical expenses and lost wages but does not include pain and suffering. However, if someone besides your employer caused your injury, you might have a separate personal injury case.
Frequently Asked Questions About Workers’ Comp Settlements in Maryland
The following FAQ about workers’ compensation settlements in Maryland will help you understand what to expect after a workplace injury.
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How long does it take to get a comp settlement in Maryland?
Most workers’ comp claims in Maryland settle within 12–18 months, but complex cases may take longer especially if there are disputes about medical treatment or benefits.
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Does surgery increase my settlement?
Yes, surgery usually leads to a higher settlement because it increases medical costs, extends recovery time, and may involve permanent disability.
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Can I get compensation for pain and suffering?
No. Maryland workers’ compensation only covers medical expenses and lost wages—not pain and suffering. However, a third-party injury claim may provide additional compensation.
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Should I accept the first settlement offer?
Usually not. Early offers are often too low. Always consult a Maryland workers’ compensation lawyer before accepting any settlement offer.
Your Trusted Maryland Workers’ Compensation Advocates
At the Law Offices of Alex Poberesky, we know the Maryland workers’ compensation system inside and out. With over 25 years of experience, we’ve helped thousands of injured workers get the fair settlement they deserve. Our attorneys handle every part of the process so that you can focus on your recovery.
When you work with us, know that we won’t just view you as another case. We treat you like family. This is why we offer free consultations and work on a contingency fee basis. That means we won’t get paid unless we win your case.
With us by your side, we’ll help you get the answers, support, and fair settlement you deserve.
