Denied Workers Comp Settlement Because of Disability Payments...

by Anonymous
(Maryland)

My workers compensation claim was made in the State of Maryland. After falling at work due to the negligence of another employee in December of 2009, I was ready to finalize the settlement tomorrow. Last year, my employer told me that I could no longer fulfill the duties of my position and basically told me I had to retire on disability (which was approved).

Today, my attorney contacted me and told me that my disability retirement is higher than the amount of settlement I could receive from Workers Comp; therefore, I will receive NO money as a settlement. Is this fair / correct? Is there any recourse? My attorney says "no, it's really bad news, sorry." What do I do now? Thank you for any perspective you can give.

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ANSWER for "":

Anonymous (Maryland):

Unfortunately, your attorney is correct. In the State of Maryland, as in many other states, there is a choice when dealing with workers compensation injuries, disability, and possible settlements.

You can't have them all. An injured person insured by workers compensation insurance must either accept the settlement or have a hearing, but that is if the employee is going to remain employed.

In your case, your injury was apparently serious enough for you to have to retire. When that happens people in your position must make a choice. You can't "double dip". Although no one is accusing you of wanting to double dip, the fact remains the laws regarding workers compensation and disability payments are clear.

Your best course of action will be to sit with your workers compensation attorney and review the law and the facts as they relate to your case. Doing so will help you to understand why the law is written the way it is regarding workers compensation injuries and disability.

Best of Luck,

Law Guy