There is and always has been a certain percentage of workers compensation claimants that think their on the job injury is a ticket to Easy Street. More often than not, however, this is not the case. And in those cases that do settle for large sums, the injured worker has suffered catastrophic injuries, been gravely disfigured, or will never be able to return to gainful employment. It's a trade off I suspect most people would not want to make.
In Connecticut, by and large the value of your case is driven by your base compensation rate: BCR. This is a number that is derived by calculating your average weekly wage for the 52 weeks preceding your injury and then, using a table provided by the Workers Compensation Commission, arriving at your weekly benefit rate which is approximately 60% of your weekly wage.
If your comp rate is $200 each week, the value of your case will be significantly less than a workers whose comp rate is $900 per week. It's a matter of mathematics.
I took a look at a web page from a large Maryland Worker's compensation firm. They publish their case settlements and I have reported it below.
In perusing the settlements, it will quickly become clear to you that worker's compensation is not a get rich quick scheme. Most cases settle for modest amounts and the injured worker heals and goes on with their life.
Please know that at my office, I will always endeavor to obtain the best financial result for you and have over 30 years experience getting that done.
And now, the reported settlements from Maryland:
Injury: Plantar Faciatis
Body Part: Left Foot
Amount: $6,080.00
Employer: The Greene Turtle
Location: Hagerstown, MD
Claimant sustained injury after moving a heavy object. Claimant underwent surgery to repair the issue with the foot and returned to pre-injury employment.
Injury: Distal bicep rupture
Body Part: Arm
Amount: $27,375.00
Employer: Southwest Airlines
Location: Baltimore, MD
Claimant sustained injury after lifting heavy objects at work. Claimant underwent surgery to repair the ruptured bicep. Claimant returned to pre-injury employment.
Injury: Left knee sprain and lumbar strain
Body Part: Knee and back
Amount: $10,660.00
Employer: LabCorp
Claimant slipped and fell on ice. Claimant was treated with therapy and medications.
Injury: Torn ACL
Body Part: Knee
Amount: $36,015.00
Employer: A tree cutting and maintenance company
Claimant sustained injury after catching himself from falling from a tree. Claimant underwent two surgeries, including a total ACL reconstruction. Claimant has permanent work restrictions.
Injury: Cervical and thoracic strains
Body Part: Neck and back
Amount: $10,950.00
Employer: State of Maryland
Location: Baltimore, MD
Claimant was injured after being involved in a motor vehicle crash while at work. Claimant was treated with therapy for the injuries sustained.
Injury: Tear of the peroneus brevis tendon
Body Part: Ankle
Amount: $12,562.50 for worsening (total award is $33,500)
Location: Baltimore, MD
Claimant slipped and fell at work injury the ankle. Claimant reopened the claim for surgery. Claimant had therapy following surgery.
Injury: Disc protrusion
Body Part: Neck
Amount: $7,150.00
Claimant was injured after a heavy object struck Claimant in the head. Claimant had an injection to the neck and therapy.
Injury: Calcaneus fracture
Body Part: Foot
Amount: $35,000.00
Employer: Stewart Sun Rooms
Claimant fell from a ladder while at work causing a fracture in the left calcaneus. Claimant had surgery and was able to return to pre-injury employment.
Injury: Fracture of the fourth metatarsal neck
Body Part: Foot
Amount: $10,950.00
Employer: Maryland State Police
Claimant was in training when he fell and injured the foot. Claimant was treated with bracing and observation from the orthopedic surgeon.
Injury: Post comminuted fracture, left tibia, with internal fixation using nails and screws
Body Part: Leg and ankle
Amount: $42,588.00
Claimant was involved in a motor vehicle collision while at work. Claimant had surgery to repair the broken leg. Claimant underwent therapy post-operatively.
Injury: Lumbar strain
Body Part: Back
Amount: $45,000.00
Employer: Prince George’s Community Hospital
Claimant was injured after moving a patient at work. Claimant was treated with therapy and injections. Claimant returned to pre-injury employment.
Injury: Concussion, cervical strain, lumbar strain
Body Part: Head, neck, back
Amount: $7,040.00
Claimant was injured after being struck by a car while working. Claimant was treated with medication and therapy for the injuries sustained.
Injury: Concussion
Body Part: Head
Amount: $10,000
Employer: CVS
Claimant was involved in a motor vehicle crash while working. Claimant was treated with medical visits and medications.
Injury: Lumbar strain
Body Part: Back
Amount: $4,175.00
Employer: MedStar
Location: Baltimore
Claimant sustained injury after pushing a patient bed at work. Claimant was treated with physical therapy and returned to pre-injury employment.
Injury: Torn Labrum
Body Part: Shoulder
Amount: $60,025.00
Claimant was working as a machine assembly mechanic and fell off a stool. An MRI revealed a tear of the superior and posterior glenoid labrum which required surgery to repair. This was followed by physical therapy before a full duty work release.
Injury: Torn Rotator Cuff, Wrist Sprain, Knee Contusion
Body Part: Hand, Leg, Shoulder
Amount: $53,837.50
Employer: State of Maryland
Location: Baltimore City
Claimant tripped and fell getting off an elevator that did not level property. This resulted in shoulder surgery, a knee injection, and physical therapy for all three body parts.
Injury: Contusion
Body Part: Knee
Amount: $2,805.00
Location: Aberdeen, Maryland
Claimant was working as a truck driver when several pallets fell out of the truck and struck the knee. Claimant was treated with anti-inflammatories and physical therapy.
Injury: Sprain/Strain
Body Part: Bilateral Wrists
Amount: $7,320.00
Location: Sykesville, MD
Claimant was at work loading boxes of bread onto a pallet and tripped and fell. Claimant was treated with wrist splinting and physical therapy.
Injury: Fracture
Body Part: Ankle
Amount: $32,467.50
Location: Dedricktown, NJ
Claimant was working as a truck driver and was injured stepping down from the truck bed. The injury required surgery in the form of an open reduction internal fixation with lateral plate and stabilization. After postoperative physical therapy subsequent procedures were performed to remove the plate and syndesmotic screw. The Claimant was able to return to preinjury employment.
Injury: Sprain/Strain
Body Part: Hand/Wrist
Amount: $2,150.00
Employer: Southwest Airlines
Location: BWI Airport
Claimant sustained a hand/wrist injury handling luggage at work. Claimant was treated with medication and physical therapy.
Injury: Back Sprain/Strain
Body Part: Back
Amount: $4,075.00
Employer: Southwest Airlines
Location: BWI Airport
Claimant was lifting a heavy case from a baggage cart to a transfer cart and sustained a back injury. Claimant was treated with medication and physical therapy.
Injury: Ulnar Neuropathy
Body Part: Elbow
Amount: $2,100.00
Employer: Southwest Airlines
Location: BWI Airport
Claimant sustained an elbow injury handling luggage at work. Claimant was treated with medication, an elbow sleeve and physical therapy.
Injury: Lateral Malleolus Fracture
Body Part: Ankle
Amount: $10,000
Injured worker was working as a construction worker when he slipped on a beam and fractured his right lateral malleolus. Claimant underwent conservative treatment after he was taken out of the supportive boot and went through physical therapy. Claimant was able to return to a similar job type with a different employer.
Injury: Burns/Disfigurement
Body Part: Back
Amount: $3,780
Claimant went for treatment at Amazon facility and was subsequently burned on her back resulting in scarring to the area. Claimant was able to return to work after conservative care of her skin.
Injury June 28, 2018
Body Part: Wrist/Hand
Amount: $20,000.00
Location: Baltimore County
Client developed carpal tunnel syndrome in non-dominate hand as a result of her work as a nail technician. Injured worker underwent a surgical release. The claim was contested. Settlement was reached with the Employer/Insurer for the an amount that covered all of her lost wages and permanent injury. Claimant returned to work in the same position for a new employer. No additional medical care is expected.
Injury November 7, 2017
Body Part: Head, Neck and Back
Amount: $25,500.00 for both Plaintiffs
Location: Baltimore City
Insurer: GEICO
Husband and wife were involved in a motor vehicle collision in Downtown Baltimore. Both sustained injuries to their head, neck and back. Conservative care with no surgical indications. Claim was contested by GEICO and suit was filed in the Circuit Court for Baltimore City. After depositions, liability was admitted and the claims were settled pre-trial.
Injury: November 13, 2018
Body Part: Arm
Amount: AFCS for $6,400.00
Location: Harford County
Client sustained a compensable accidental injury while working for the Employer at the Aberdeen Proving Grounds. Non-surgical treatment for approximately 2.5 months. Claimant returned to work for the same employer and eventually left for another job opportunity. No additional medical care is expected. Claim was settled in part due to unrelated, but significant, legal problems for the Client.
Injury: April 17, 2018
Amount: $375,648.00 total death benefits, $7,000.00 funeral expenses
Location: Montgomery County
Dependency claim for spouse. Worker fell from a scaffolding and died ten days afterward. Worker left behind a wife and two adult children. Wife worked part-time for a drycleaner. A dependency claim was filed and hearing held where wife was deemed to be the sole dependent. Medical benefits, funeral expenses and dependency benefits were awarded. Benefits to the wife will be paid for the next twelve years and will equate to total payments of $375,648.00 ($31,394.00 per year).
Injury: November 12, 2018
Body Part: Back
Amount: $7,500.00
Location: Baltimore City
Client sustained a twisting/lifting back injury while loading a patient into a transportation van. Claim was initially contested, but resolved prior to a hearing. After a period of treatment and being out of work, Claimant returned to work for a different employer in a similar job. Claim was settled pending a permanency hearing. No surgery was recommended and no additional medical care was foreseeable.
Injury August 21, 2018
Body Part: Shoulder and Back
Amount: $5,074.00
Location: Baltimore City
Insurer: Allstate
Client was the passenger who was involved in a motor vehicle collision. Her husband was deemed to be at-fault for the collision. She sustained injuries to her neck and back and underwent conservative care for about two months. She filed a claim against the motor vehicle insurance policy and the case was settled prior to suit being filed.
Body Part: Shoulder
Amount: 10% “other cases” PPD for left shoulder, 9% causally connected and 1% due to pre-existing conditions. $8,235.00 PPD
Location: Howard County
Employer: Vantage House
Client was working in the kitchen of a residence community. Foot caught the edge of a raised rubber kitchen mat – fell into the wall and then struck the floor. Primary injury was to shoulder. Claimant sought emergency care and underwent physical therapy as recommended by his primary care physician. No surgery was recommended. After conservative care, Claimant returned to work as a cook for another location. Claim was tried for permanency and not settled because of the concern that Claimant may need additional medical care in the future.
Injury August 28, 2018
Body Part: Fingers/Hand
Amount: $20,093.25. 5% index finger; 82% middle; 72% ring; 11% pinky.
Location: Anne Arundel County
Employer: 84 Lumber Co.
Client sustained injuries and partial amputation to four of the fingers on his left hand. His hand was caught in, and cut by, a router blade. He was taken to the emergency room where surgery was performed to repair and stabilize the damage. After a few months of post-surgical hand therapy, the Claimant returned to work for the same employer in the same job. The Claimant’s permanent injuries were examined and a hearing on the permanency disability was scheduled. The Insurer wanted to pay the claimant’s permanency as a “hand” claim, but we negotiated a stipulation for permanency for each individual “finger” as “finger” injuries can be more lucrative to a Claimant than a “hand” injury. This increased the value of the permanency assessment 280%.
Injury November 28, 2001
Body Part: Pulmonary/Lungs, Kidneys, Hypertension.
Amount: $82,232.40. 340 weeks of PPD at $241.86 per week.
Location: Baltimore City
Employer: Mayor & City Council of Baltimore
Client was a firefighter for Baltimore City. As a result of his work, he developed asthma and hypertension. After a period of time and despite active medical care, the Claimant’s asthma developed into chronic obstructive pulmonary disease (COPD). His hypertension caused him to developed stage III kidney disease. The Mayor & City Council challenged the causal connection of the additional medical conditions, but the Commission ruled in the Claimant’s favor. The Commission also awarded the Claimant a “serious disability” permanency award. The M&CC was able to claim an offset due to Claimant’s pension because both conditions were “presumed” to be caused by his exposure to toxic substances during his 30+ year firefighting career. The Claimant had originally been granted permanency just for asthma and hypertension. This was a “reopening” for worsening of his permanent condition due to the development of the new medical conditions.
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