How Long After Workers Comp Settlement Do I Get Paid in Maryland
After receiving approval from the Maryland Workers' Compensation Commission (MWCC), workers can expect to receive full payment within approximately 15 days, although the entire process from agreement to payment typically takes around 45 days.
Workers' compensation is a vital safety net for employees who suffer injuries or illnesses in the workplace. In Maryland, like in many states, the process of securing compensation through a settlement can be complex and time-consuming. Understanding the timelines involved—from reaching an agreement to receiving payment—is crucial for anyone navigating this system.
Overview of Workers' Compensation Settlement Process
A workers' compensation settlement is a legal agreement between an injured worker and their employer (or the employer's insurance carrier). It typically involves the injured worker agreeing to accept a lump sum payment or structured payments in exchange for giving up the right to pursue further legal action against the employer for the injury or illness. Settlements can provide financial relief more quickly than ongoing benefits, but they require careful consideration and negotiation.
Steps Involved in the Settlement Process
The process of reaching a workers' compensation settlement in Maryland begins with the injured worker filing a claim. This initiates an investigation by the employer's insurance carrier to determine the validity of the claim and the extent of the injuries or illness. If the claim is contested or if negotiations are necessary, both parties may engage in mediation or hearings facilitated by the Maryland Workers' Compensation Commission (MWCC).
Once an agreement is reached, it must be submitted to the MWCC for approval. The MWCC reviews the settlement to ensure it complies with Maryland workers' compensation laws and protects the rights of the injured worker. This approval process is crucial as it formalizes the agreement and sets the stage for the payment process.
Timeline for Approval of Settlement
The timeline for MWCC to review and approve a workers' compensation settlement can vary. On average, it takes several weeks for the MWCC to process and approve settlements. Factors such as the complexity of the case, the availability of MWCC resources, and any objections or disputes raised during the approval process can influence the speed of approval.
In Maryland, once the MWCC approves a settlement agreement, it becomes binding on both parties. This approval is a significant milestone as it signals the legal acknowledgment and acceptance of the terms agreed upon by the injured worker and the employer (or insurer).
Payment Timeline After Settlement Approval
After the MWCC approves a settlement agreement, the employer's insurance carrier is legally obligated to fulfill the payment terms within a specific timeframe. According to Maryland law, insurance companies must issue payment within 15 days of the MWCC's approval of the settlement. This timeframe is designed to ensure prompt compensation for injured workers who have reached a settlement agreement.
However, it's essential to note that the entire process from reaching an agreement to receiving payment can take around 45 days. This includes the time needed for negotiations, MWCC approval, and the subsequent issuance of payment by the insurance carrier. During this period, injured workers may need to plan their finances accordingly, especially if they have ongoing medical expenses or lost wages due to their injury or illness.
Factors Affecting Settlement and Payment Timelines
Several factors can impact the timeline for workers' compensation settlements and payments in Maryland. These factors include:
- Case Complexity: Complex cases involving severe injuries or disputed liability may require more extensive negotiations and additional time for MWCC review.
- Mediation and Hearings: If mediation or hearings are necessary to resolve disputes, the settlement process may be prolonged as parties work to reach a mutually agreeable resolution.
- Insurance Company Procedures: The internal processes and procedures of the insurance company handling the claim can also affect the speed of payment issuance post-approval.
- Legal Representation: Having experienced legal representation can expedite the settlement process by ensuring all necessary documents are prepared correctly and advocating for the injured worker's best interests.
What to Expect During the Waiting Period
During the waiting period between settlement approval and payment issuance, injured workers should maintain communication with their legal representative and stay informed about the progress of their case. It's essential to keep records of all communications and document any expenses related to the injury or illness.
If there are delays in the settlement or payment process, injured workers have legal options to pursue, including filing a petition with the MWCC to enforce the settlement terms or address payment delays. Legal counsel can provide guidance on navigating these options and ensuring compliance with Maryland workers' compensation laws.
FAQ
How Much Does Workers Comp Pay In Maryland?
For temporary total disability (TTD), individuals typically receive two-thirds of their Average Weekly Wage (AWW), with a maximum cap not to exceed 100% of the State Average Weekly Wage or $1,456.00 per week, whichever is lower.
Does Surgery Increase Workers’ Comp Settlement?
When an employee suffers a workplace injury that requires surgery, it often leads to a significant increase in the workers' compensation settlement amount. This increase is due to several factors, including higher medical expenses, extended recovery periods, and the severity of the injury, all of which are critical considerations in determining the settlement amount.
Need Representation?
Contact Shultz Legal today to schedule a consultation with one of our experienced workers' compensation attorneys. We are here to help you navigate the complexities of the settlement process and ensure your rights are protected every step of the way. Click here to schedule a free consultation!
