How Long Does It Take To Settle A Maryland Workers’ Comp Claim?
If you were injured at work and qualify for benefits under Maryland’s workers’ compensation laws, you might eventually be in the position to consider settling your claim. Many employees will face the same scenario, and regulations established by the Maryland Workers’ Compensation Commission (MD WCC) do provide guidance on the process. Some aspects of settlement may be familiar because they are similar to personal injury matters, while other requirements are separate and more complicated than a typical accident case.
What the rules do not offer is a timeline or some way of determining how long it will take to settle and resolve your claim. You will certainly expedite the process by working with an experienced Maryland workers’ compensation lawyer who will tackle the challenges. Though the following may not provide details on timing, knowing the steps will help you understand how long it will take to settle a workers’ comp claim.
- Negotiating and Executing the Agreement: The first stage involves outlining the payment amount and how it will be paid, such as in installments or one lump sum. Typically, the parties’ respective attorneys will come to a verbal agreement, and then put the specifics of the workers’ comp settlement into writing. In some cases, there will be some additional discussion regarding details, which may require some modification. Your lawyer will explain the implications and you will have a chance to review before signing the settlement agreement.
- Review by the MD WW: The Commission oversees the settlement process, so your agreement will go through review to ensure it properly protects your interests. Your attorney will send all paperwork, including your medical records, to support your position in favor of settlement.
- Action by the Commission: In many cases, the MD WCC will approve a workers’ comp settlement that is fair – and where the claimant was represented by counsel. However, at times, the commissioner will find some issue that prevents your settlement agreement from moving forward. The parties might have the opportunity to fix any errors, but you may need to go to a hearing on workers’ comp settlement.
- Approval and Payment of Benefits: Whether through outright approval or after a hearing, the process moves somewhat quickly after the MD WCC okays the settlement agreement. The insurance company has 15 days to issue payment after approval, and there may be multiple checks. Your lawyer’s fees come out of the settlement, and the amount works according to a statutory schedule. Plus, if you retained any medical experts in connection with settlement, they may also receive their payment via a separate check.
Our Maryland Workers’ Comp Attorneys Will Guide You Through Settlement
As you can see, settling a workers’ comp claim involves complex steps, assessments, and legal requirements. Failure to comply with the laws could result in serious harm to your rights, so please contact the Law Offices of Steinhardt, Siskind and Lieberman, LLC for assistance. We can schedule a no-cost consultation to review your circumstances and describe how settlement works.
Resource:
wcc.state.md.us/Adjud_Claims/Forms.html#settlement
