Legal Question in Workers Comp in Maryland

Perm Total Disability Settlement

I was injured at work in Aug, 2001. My injuries resulted in 2 major back surgeries, multi-level lumbar fusion with titainium rods & screws. The surgeries failed, no fusion at all. I have severe nerve damage, radicular pain, & neuropathy not to mention chronic pain 24/7. I've been thru all the treatments including pain mngt , nothing has helped. I've been deemed perm totally disabled by several doctors including a SS disability doctor. I'll be going for my permanancy hearing soon. Without holding anyone to their exact words....can you tell me what sort of settlement I can expect. Both worst case scenario and best case scenario on a realistic level.My own lawyer is afraid to say anything due to fear of it not coming out the way he states it will. I know nothing is set in stone but I would like to have an idea of what to possibly expect. My injuries will require serious narcotic medicines for the rest of my life. My limitations are great. I have a 10th grade education. I also have small children. I am not owed very much back pay, if any. Can I be paid weekly for life? Lump Sum? Both? How does this work & what are the calculations used in the state of Maryland? Any help & info is greatly appreciated.

Thank You.


Asked on 3/24/05, 6:47 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Perm Total Disability Settlement

Your award is dependent upon your compensation rate, which you've already received in TTD. If you are determined to be 100% disabled, you would receive 667 weeks of benefits at the comp. rate, but if that amount exceeds 75% of the State Average Weekly Wage for 2001, that would cap your rate. You can request that you get your award as a lump sum rather than weekly, which usually will be granted at least in part if you can demonstrate you need the money to catch up on bills, etc. Of course your attorney's fee will be taken off the back end of the award.

If you are found to be less than 100% disabled, obviously your award will be less. For example, if you are 50% disabled, you'd get 333 weeks. But if you are found only to be 40% disabled, you'd get 200 weeks, and your comp. rate could not exceed 1/3 of the State average, which probably limits you to something like $230/wk.

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Answered on 3/24/05, 10:09 am


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