Types of Maryland Workers' Compensation Benefits and How They are Paid
Posted on behalf of Goldberg Finnegan, LLC on Sep 29, 2017 in Workers' Compensation
Workers who have been approved for workers’ compensation benefits in Maryland can expect to receive their first check within 15 days after an award is made or payment is due, whichever is later.
It is important to note that the Maryland Workers’ Compensation Commission does not make benefit payments to injured workers. It is the responsibility of your employer’s insurance carrier or self-insured employers to make timely payment of benefits.
If you are not receiving the benefits you have been awarded, contact our trusted workers’ compensation lawyers in Silver Spring for help. We will review the details of your claim and help ensure you are receiving the appropriate payment based on the benefits you were awarded. The various types of workers’ compensation benefits and the payments they award are detailed below.
Temporary Partial Disability
If a worker is not totally disabled and is able to perform limited or part-time duties at a reduced pay rate, he or she may be able to receive temporary partial disability benefits.
For these benefits, the employer or its insurance company will pay a covered employee 50 percent of the difference between the wage the worker was earning before his or her disability and the wage he or she is earning while temporarily partially disabled. This payment cannot exceed 50 percent of the state average weekly wage.
Temporary Total Disability
These benefits are provided to workers whose injuries have resulted in a disability that prevents them from returning to work at all during a certain period of time, known as the “healing period” following a workplace injury.
These benefits are intended to replace the income the worker has lost during the time that he or she cannot work due to a workplace injury.
Generally, covered workers will receive payment equal to two-thirds of their average weekly wage up to the maximum Maryland weekly wage. No payments can be less than $50.
If the individual is disabled for 14 days or less, he or she will receive compensation for all but the first three days following the date of the disability. If an individual cannot return to work for more than 14 days, he or she should receive compensation for all days missed from work following the date of disability.
All workers will also receive payments for hospital, nursing or other medical services; funeral expenses; and medicine.
The benefits will continue until the worker reaches a point where he or she is no longer totally disabled and can return to work in some capacity or if it has been determined that he or she has reached maximum medical improvement, even if he or she has not recovered to the same condition as before the injury.
Permanent Partial Disability
If a worker suffers a permanent impairment but is not totally disabled, he or she can receive permanent partial disability benefits.
The worker will receive a minimum weekly compensation of $50 unless the worker’s average weekly wage is less than $50. In these cases, the worker will receive compensation equal to his or her average weekly wage at the time of the accident or when he or she was last exposed to the hazard that caused his or her occupational disease.
These benefits will continue for a set period of time as outlined in the state statute. For example, workers should receive payment for 100 weeks for the loss of a thumb or the loss of the use of a thumb. Other injuries have specific periods for payment.
Permanent Total Disability
In Maryland, a worker can receive permanent total disability benefits if he or she has experienced the loss or loss of the use of both arms, eyes, feet, hands or legs or a combination of an arm, hand, foot, leg or eye.
Workers with permanent total disability will receive compensation equal to two-thirds the workers’ average weekly wage, not to exceed the Maryland average weekly wage. Payments cannot be less than $25.
These payments are subject to an annual cost of living adjustment and can be reduced if the worker is also receiving Social Security Disability benefits.
Additional Types of Compensation
In addition to the types of disability benefits described above, injured workers may also be able to receive:
Covered employees may be able to receive compensation for:
- Medical, surgical or other treatment
- Hospital and nursing services
- Crutches and other necessary medical equipment
- Prosthetic applications, such as artificial arms, legs, hands or feet
These payments can continue for as long as you can establish that the need for this compensation is reasonable, necessary and related to the work injury.
In addition to the wage reimbursement provided by the various types of workers’ compensation benefits, employers and their insurers are required to reimburse injured workers for wages lost from time spent:
- Being examined by a medical professional as requested by the employer or insurer
- Traveling to and from the Commission for a hearing
Workers are entitled to vocational rehabilitation if they have suffered a disability that prevents them from being able to perform the work they were previously qualified for. This training can last up to 24 months and can include:
- Occupational assessment and training
- Career training, development and placement
- Development of a vocational rehabilitation plan, including monitoring of the plan
Get Help with Your Workers’ Compensation Claim Today
If you have applied for workers’ compensation benefits and believe you are not receiving the benefits you were awarded, contact our attorneys to schedule a free, no obligation consultation.
We are well-versed in the many rules and regulations surrounding workers’ compensation claims and can help you with every step of the workers’ compensation process, from filing an initial appeal to appealing a denied claim or helping make sure you are receiving the payments you are owed.
Call (888) 213-8140 to schedule a free consultation today.