Do All Workers’ Compensation Cases End in a Settlement?
When you are injured at work, your first avenue for obtaining compensation is typically through a workers’ compensation claim. Almost every employer in the state of Maryland is required by law to carry workers’ compensation insurance. Workers’ comp benefits help offset your lost wages and medical bills if you are hurt through the course of your employment.
Do all workers’ compensation cases end in a settlement? Some of them do, but not all. Whether your Maryland workers’ compensation case ultimately ends in a settlement depends heavily upon the unique circumstances of your case.
Workers’ compensation cases are well known for being highly complex. As you go through the claims process with your workers’ compensation attorney, important questions will arise at various stages. One of these questions may be about whether you should settle your workers’ compensation case. Settling typically awards you (the injured employee) with a lump sum settlement. It will also end your right to future benefits.
How long you require workers’ compensation benefits is determined by factors such as the severity and nature of your injuries. There are advantages to settling your case in some situations—when you reach the right time. But settling too early or under the wrong conditions will cut you off from benefits you may need in the future.
Making the decision to settle your workers’ comp case will require you and your lawyer to comprehensively evaluate the benefits you have already received and those you will continue to require in the future. If you are wondering whether your workers’ compensation case will end in a settlement, speak to an experienced Baltimore workers’ compensation attorney first. This is a matter that requires legal expertise. Do not agree to a settlement with an insurance company until you have thoroughly discussed the merits and disadvantages with a trusted legal advocate.
At Belsky, Weinberg & Horowitz, LLC, we have been successfully handling even the most challenging workers’ compensation claims for many years. We have a systematic understanding of workers’ rights in Maryland, and we devote an area of our legal practice to helping injured employees uphold those rights.
If you have questions about your specific workers’ compensation claim, please reach out to one of our attorneys to discuss the details of your situation in a confidential setting. There is no charge for an initial case consultation.
Settling a Workers’ Compensation Case in Maryland
Maryland law views a settlement as a binding contract between the claimant (the injured party), the employer, and the employer’s insurance company. You will need to submit various forms to the Maryland Workers’ Compensation Commission (WCC), such as the Settlement Worksheet and the Claimant’s Affidavit in Support of Settlement. The WCC must approve a settlement before it is legally valid.
As you and your legal representative from Belsky, Weinberg & Horowitz, LLC are in discussions regarding the possibility of settling your Maryland workers’ compensation claim, you will need to examine in depth multiple aspects of your case. A few of the questions you and your lawyer will need to consider are:
- Have you reached maximum medical improvement (MMI)?
- Have you or do you plan to return to work?
- Are you earning income and benefits at the same level you were prior to your injury?
- Are you eligible for any additional benefits you have not yet received?
- Is your employer and their insurance company contesting (or have they denied) your claim?
- Are there any outstanding disputes related to your claim?
- Have you, your employer, and their insurer entered or plan to enter into any stipulation agreements?
- Are you filing a claim against any third-party entities?
It is highly advisable that you do not agree to a settlement if you have not reached MMI. There is a strong possibility that you could require compensation for future medical care that would not be covered in your settlement. And even if you have reached MMI, you could be left with disabilities that require ongoing benefits.
These and other important matters should be carefully considered in any conversation with your lawyer about a workers’ comp case settlement. Under certain circumstances, there is also the possibility that your workers’ compensation case would need to go to a hearing.
Your Belsky, Weinberg & Horowitz, LLC workers’ compensation attorney will help you comprehensively weigh the pros and cons of settling, handle any obstacles that may arise on your path to recovery, and guide your case to the most advantageous outcome for you.
Get Legal Guidance From a Top-Rated Workers’ Compensation Lawyer
Knowing how to proceed through a workers’ compensation case is challenging. Knowing when and if to settle can be even trickier. It’s difficult to be sure how best to protect your rights, especially when you are healing from serious injuries. You need expert legal guidance you can trust to prioritize your best interests.
At Belsky, Weinberg & Horowitz, LLC our lawyers give you room to recover while we focus on getting you the benefits you deserve. We take care of the complex matters for you with expertise and attention. You can be confident that we will consider every option and make the best recommendations to secure your future.
Our attorneys represent clients in Baltimore and throughout Maryland. Contact our law firm to schedule a free case evaluation.
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