With only limited exceptions, nearly every employer in Maryland is required to carry workers’ compensation insurance. Through this insurance protection, workers who are injured while on the job have access to financial compensation for medical bills and wages. However, workers’ compensation does not cover every injury or every employee. the benefits provided under Maryland’s workers’ compensation law do not replace an injured worker’s full lost salary.
You should talk with one of our Baltimore workers’ compensation lawyers if you are hurt on the job. While workers’ comp benefits are in place to protect injured workers, you must understand the system and comply with every rule, regulation, and deadline to ensure you receive the benefits you deserve. Furthermore, even though your employer is protected under Maryland workers’ compensation laws, you could have a grounds for a personal injury claim against a negligent third party. A personal injury lawsuit might be necessary to supplement the benefits you receive under workers’ comp.
Rice, Murtha & Psoras has been advocating for the rights of injured workers for decades. Our lawyers and staff have the knowledge, skill, and resources to fight for your just compensation. Whether working with an insurance company or pursuing a civil action in court, our Baltimore personal injury attorneys are in your corner. Call (410) 694-7291 to discuss your legal options.
Who is Eligible for Workers’ Compensation Benefits in Maryland?
To qualify for workers’ compensation in Maryland, you must have an employee-employer relationship. Typically, this means that your employer has a significant amount of control over your schedule and responsibilities. If you are an independent contractor or sole proprietor, you are not covered under workers’ comp.
Next, your injury must have occurred during the course of employment and was accidental, unexpected, or happened without design. This does include injuries that were the result of negligent or willful conduct of other employees. Our Baltimore workers’ compensation attorneys will carefully review your case to determine your eligibility.
Types of Disability Benefits Available in Maryland
If you are a qualified employee who suffered an injury while on the job, you could receive four types of disability benefits to cover your lost salary: temporary partial disability, temporary total disability, permanent partial disability, and permanent total disability. Each specific category of benefits offers injured workers varying degrees of financial support.
Temporary Partial Disability Benefits
If your injury allows you to work part-time or in a limited capacity, you could be eligible for temporary partial disability benefits. Under this category, an injured worker would receive 50% of the difference between their weekly wage before and after their injury. This amount is capped at 50% of the average weekly wage in Maryland. As of June 30, 2020, the average weekly wage was $1,050.
Temporary Total Disability Benefits
If you cannot work because of your injury, you could be eligible for temporary total disability benefits. A Maryland worker who is unable to work will receive two-thirds of their average weekly salary. However, this amount is capped at the state’s weekly average wage. If your disability lasts for 14 days or less, you might not receive any compensation for the first three days you cannot work. However, if your disability lasts for more than 14 days, this limitation does not apply. To help ensure you receive the full amount of benefits you deserve, contact our Maryland workers’ compensation lawyers.
Permanent Partial Disability Benefits
Whether you receive temporary partial or total disability benefits, the benefits will end when you reach “maximum medical improvement” (MMI). Under Maryland law, MMI is when you have improved as much as reasonably expect given your injury and the current available treatment and medical knowledge.
Once reaching MMI, an injured worker who has not completely recovered is eligible for permanent partial disability benefits. There are three tiers of benefits.
The first tier of permanent partial disability benefits applies to awards of less than 75 weeks. If your injury occurred between January 1, 2021 and January 1, 2022, you are entitled to one-tired of your weekly salary. This amount is capped at 16.7% of the state average weekly salary.
If your award was between 75 and 250 weeks, your claim falls under the second tier of benefits. For injuries that occurred between January 1, 2021 and January 1, 2022, you are entitled to two-thirds of your weekly wage. This amount is capped at one-third of the state’s weekly average.
The third tier of benefits applies to awards that exceed 250 weeks. Injured workers are entitled to two-thirds of their weekly salary. As with the other tiers, this amount is also capped. Your benefits cannot exceed 75% of the state average weekly wage.
Permanent Total Disability Benefits
If you are permanently disabled, you could receive two-thirds of your weekly salary. This amount is capped at 100% of the state weekly average. To be considered permanently disabled due to a work injury, a worker’s abilities must be limited to the point where no reasonably stable market exists for employment. For example, the loss of both arms, hands, legs, or eyes creates a presumption of a permanent disability.
Contact Our Maryland Workers’ Compensation Lawyers to Discuss Your Benefit Options
A work-related injury could result in a domino effect of problems. If you lose your salary and have unexpected medical bills, you and your family could be facing a financial crisis. While workers’ compensation is design to alleviate your hardships, it does not replace your salary. Our Maryland workers’ compensation lawyers are available to work with an insurance company and determine if you have a personal injury claim against a negligent third party. Call Rice, Murtha & Psoras at (410) 694-7291 to review your options to replace your lost salary.