I got hurt at work and had to have surgery and I'm collecting workers' comp check. Can I seek a different settlement?

Asked in Hagerstown, MD on December 21, 2025 Last answered on March 20, 2026

I broke my hip at work and had a full replacement. I have been on workman's comp. I'm very unsure whether I can perform my job at full compacity when I go back to work because of the inconsistency with the equipment that I ride on. Can I collect for pain and suffering and for the future?

1 answer

Elan B. Rafael
Answered by:

Elan B. Rafael

Baltimore, MD
Rafael Law, LLC 410-204-5411
Free Consultation
Answer

In many situations, yes, you may have options beyond your workers’ compensation benefits, but it depends on how your injury occurred.

Workers’ compensation is designed to cover medical treatment and a portion of lost wages, regardless of fault. However, it does not provide compensation for things like pain and suffering. If a third party (someone other than your employer) contributed to your injury—such as a negligent driver, property owner, or equipment manufacturer—you may be able to pursue a separate personal injury claim in addition to your workers’ compensation case.

Additionally, some workers’ compensation claims can be resolved through a lump sum settlement, depending on factors like your recovery, ongoing medical needs, and ability to return to work.

Because these situations can be complex and depend on the specific facts, this is general information only, and speaking with an attorney can help you better understand your options.

March 20, 2026

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