Workers' Comp Settlements in Maryland

Yes. A claim can be resolved by a compromise and settlement agreement, but the agreement does not take effect unless the Workers' Compensation Commission approves it, and it must contain the terms and conditions the Commission considers proper. Once approved, a final compromise and settlement agreement is binding on all parties to it, and unless the Commission orders otherwise, settling with the employer or insurer also bars a claim against the Subsequent Injury Fund on that claim.

Temporary total disability benefits are paid for the period the worker is temporarily totally disabled, and temporary partial disability benefits for the period the worker is temporarily partially disabled; the statutes set no fixed week limit on either (the limits are on the weekly amount). Permanent partial disability is paid for a set number of weeks: scheduled losses have fixed periods (for example, 250 weeks for a hand), and other permanent partial disabilities are paid in proportion to a 500-week scale based on the percentage of loss. Permanent total disability benefits are paid for as long as the worker remains permanently totally disabled.

No attorney fee may be charged or collected unless approved by the Workers' Compensation Commission, and an approved fee is a lien on the award. The Commission's fee schedule caps fees for permanent partial disability at 20% of the first $50,000, 15% of the next $50,000 and 5% above $100,000, with a total cap of 60 times the State average weekly wage (the same formula applies to settlements). Permanent total disability fees are generally capped at 25 times the State average weekly wage. No fee is generally allowed on temporary disability benefits except in contested cases (up to 10% of accrued compensation). Medical payments are excluded. The Commission may order refund of an excessive fee.