Every Maryland workers comp case is different and will lead to a different settlement amount
If there is one thing each injured worker needs to consider it is that each and every workers compensation case is different in almost every aspect of the case. This is why settlement or permanency amounts differ, sometimes greatly. This is also why settlement calculators are only good for very rough estimates.
Why is there such a big difference in the Settlement Offer?
We really must consider why each and every workers compensation case is different to explain why there may be such a distinction in settlement or permanency offers.
In Maryland, if an injured worker has a lower average weekly wage they may have a lower settlement amount. Comparing two cases with the exact same injuries but different weekly wages, settlement amount could vary greatly. A person working for minimum wage making $300 a week will see a significantly lower settlement than someone making $2,000 a week.
Diagnostic tests will certainly affect the amount of any final compensation. If there is an x-ray that reveals a fracture or an MRI that reveals a torn ligament the injuries are substantiated. If there was never any diagnostic tests then the case will be worth less.
If the workers comp case is postured for a hearing then the Commissioner who is scheduled to hear the case could sometimes affect the amount of settlement an attorney will recommend.
Unfortunately, the attorney can make a difference in settlement amount. It is a good idea to do some research before hiring your attorney. Experience and qualifications are necessary when hiring a workers compensation attorney. How do you know what to look for in an attorney?
As hard as it is to say, sometime the injured worker could add or remove some value to the case. Testimony at the commission could be a huge factor. If the injured worker will not testify well because they are nervous, do not communicate well, have anger issues, or are susceptible to being tricked then the settlement value may be reduced a bit.
The severity of the injury as a whole and what kind recovery the injured worker had. If the injured worker bounced back 100% after the accident then the value of the case is reduced drastically. Compare to someone who does not recover well and has lasting lifetime complaints.
One back injury is not the same as another back injury. A herniated spinal disc is not the same as a minor spinal buldge. A ruptured ACL is not the same as a tear of the ACL. A spinal fusion is not the same as a minimally invasive spinal laminectomy.
If you have an attorney sit down with them and discuss your case and why it is not valued the same as your friends case. If you do not have an attorney Call Mr. Rodabaugh for a workers compensation consultation in Baltimore and throughout Maryland.
As an aside: Careful who your speaking with about your case
As a practicing Baltimore workers compensation attorney I occasionally hear what is excellent advice come from the injured workers friend or family member. Friends and family can be a great source of help in many instances, especially when the injured is in need of support. Anyone who has endured the workers compensation process will at some point need someone to provide support or advice. Simply just having someone to listen is a assets in itself for some injured workers.
Before conversing with friends or family members it is important to speak with an attorney about what should and should not be said. There are certain things that an injured worker should absolutely not discuss with family or friends. Almost everyone who has a conversation with the injured worker can be subpoenaed to court to testify. For that reason the injured worker must be careful as to what is said and to whom it is said. Even statements made to medical providers often surface on to do damage to the injured worker.