Average Workers’ Comp Settlement for Surgery in Maryland

In Maryland, workers who suffer injuries on the job may be entitled to workers’ compensation benefits, which cover medical expenses, lost wages, and more. On a national level, the overall average workers' comp settlement is approximately $29,750 based on data from over 1,000 cases between 2021 and 2024. However, this figure includes both surgical and non-surgical cases and may vary widely based on the specific circumstances of each case.

Workers' compensation is a system designed to provide financial support to employees who are injured or become ill due to their work. In Maryland, this system covers medical expenses, lost wages, rehabilitation costs, and disability benefits. Workers' compensation is a no-fault system, meaning employees can receive benefits without needing to prove their employer was negligent.

Surgery and Workers’ Comp Settlements in Maryland

Surgery is often a sign of a severe injury, and the need for a surgical procedure can significantly impact a workers’ compensation settlement. Injuries that require surgery usually come with higher medical costs, extended recovery times, and in many cases, long-term or permanent disability.

1. Higher Medical Expenses

Surgical procedures are costly, and the price of surgery can vary greatly depending on the complexity of the procedure. In Maryland, some common surgical costs associated with workers' comp cases include:

Spinal fusion surgery: Approximately $110,000
Joint replacement surgery: Ranges between $16,500 and $33,000
Wrist surgery for a fracture: Around $8,000

These high medical expenses can lead to a much larger settlement than non-surgical cases, as the workers’ compensation system in Maryland is responsible for covering these costs.

2. Extended Recovery Periods

Major surgeries often require a lengthy recovery, sometimes keeping workers out of the job for months. This extended time off means more lost wages, which workers' compensation is designed to replace. In Maryland, workers' compensation provides two-thirds of the injured worker's average weekly wage, up to a maximum cap that is adjusted annually. As a result, workers who undergo surgery will likely receive temporary total disability benefits for a longer period than those with less severe injuries.

For instance, spinal fusion surgeries typically require a longer recovery time compared to joint replacements or wrist surgeries, so workers who undergo such procedures may be out of work for a longer period, resulting in a larger settlement.

3. Increased Severity of Injury

The need for surgery often indicates a more serious injury, which can affect the worker's long-term prognosis. Severe injuries may lead to permanent disabilities that limit the worker’s ability to return to their job or engage in physical activities. In Maryland, permanent partial disability (PPD) benefits are calculated based on several factors, including:

The severity of the injury
Medical expenses
Impairment ratings
The need for vocational rehabilitation

A higher impairment rating, which measures the long-term impact of the injury on the worker's ability to function, can lead to a larger settlement. For example, a worker who undergoes spinal fusion surgery may be left with permanent limitations in their mobility or chronic pain, which would increase the settlement amount.

4. Future Medical Costs

In many cases, surgery is just one step in a long recovery process. Workers who undergo surgery may require additional medical treatment in the future, such as physical therapy, follow-up surgeries, or long-term pain management. Maryland workers' compensation settlements often include provisions for future medical expenses, particularly for severe injuries. This can significantly increase the total amount of the settlement, as it must account for the possibility of ongoing treatment.

How Workers’ Compensation Benefits Are Calculated in Maryland

In Maryland, workers' compensation benefits are calculated based on the injured worker’s average weekly wage and the extent of the injury. Here are some key factors that influence the settlement amount:

Temporary Total Disability (TTD): If a worker is temporarily unable to return to work due to their injury, they are entitled to TTD benefits. This amounts to two-thirds of their average weekly wage, subject to a maximum weekly cap.
Permanent Partial Disability (PPD): If the injury results in a permanent impairment, the worker may be entitled to PPD benefits. These benefits are also calculated based on the worker’s average weekly wage, the impairment rating, and the specific body part that was injured.
Permanent Total Disability (PTD): In rare cases where a worker is unable to return to any form of employment due to their injury, they may be eligible for PTD benefits, which are paid at the same rate as TTD benefits for the remainder of their life.

The Maryland Workers' Compensation Commission provides a chart outlining the duration of compensation for specific body parts, which can help determine the total amount a worker is entitled to based on their injury.

Factors That Affect Workers’ Comp Settlements for Surgery

Every workers’ compensation case is unique, and several factors can influence the final settlement amount for a surgery-related injury:

The type and severity of the injury: More severe injuries that require complex surgeries will typically result in higher settlements.
The worker’s average weekly wage: Higher-wage earners will receive larger settlements due to the two-thirds wage replacement rule.
The impairment rating: Permanent injuries that limit a worker's ability to return to work will result in higher settlements due to PPD benefits.
Future medical needs: If the worker is likely to require ongoing medical treatment, the settlement must account for these future costs.
Legal representation: Workers who hire an experienced workers' compensation attorney often secure larger settlements due to the attorney's ability to negotiate with insurance companies.

Why You Need an Attorney for Workers' Comp Surgery Settlements

Navigating the workers' compensation system in Maryland can be complicated, especially in cases involving surgery. Insurance companies may attempt to minimize settlement amounts, and it can be difficult for workers to know what they are truly entitled to. Consulting with a workers' compensation attorney can help ensure you receive the full benefits you deserve.

An attorney can:

Evaluate the true value of your case, considering all relevant factors like medical costs, lost wages, and long-term disability.
Negotiate with the insurance company on your behalf to secure a fair settlement.
Represent you in hearings or appeals if your claim is denied.

Need Representation

Surgery can significantly increase workers' compensation settlements in Maryland due to higher medical costs, longer recovery times, and the potential for permanent disabilities. While there is no set "average" settlement amount for surgery cases, it is clear that these cases often result in larger settlements than non-surgical injuries.

If you or a loved one has suffered a work-related injury requiring surgery, consulting with an experienced workers' compensation attorney at Shultz Legal can help ensure you receive the maximum compensation for your injury. Contact us today to get started with a free consultation!