Lost Wage Benefits in Maryland Workers’ Compensation: How to Qualify and How Much You Can Receive

September 17, 2023

Maryland law protects you if you have been injured on the job. Your employer must have Workers’ Compensation coverage, whether purchased from an insurance company or self-insuring. One part of the coverage is lost wages. An experienced attorney can explain the full range of your Workers’ Compensation coverage.

Your Eligibility for Workers’ Compensation Coverage

You become eligible for Workers’ Compensation benefits when you prove you have suffered a work-related injury. You can qualify when you have:

• Been injured in an accident.
• Developed a condition related to your work, such as a repetitive motion injury.
• Been sickened by an illness that originates from a job.

To qualify for benefits, you would first need to notify your employer of your injury within 10 days of the accident or when you noticed symptoms of your injury. Then, you would file a claim that includes your medical records. The insurance company would review your claim and determine whether you deserve benefits. The insurance company does not get the final say because you can file an appeal if your claim is denied.

What Does Workers’ Compensation Insurance Cover?

Your Workers’ Compensation benefits consist of several parts:

• Medical expenses to treat your injury.
• Vocational rehabilitation if you need to re-learn your job or change careers to work again.
• Lost wages that cover part of what you were making before you were hurt.

Lost Wages Can Help You Cover Expenses

Workers’ Compensation benefits are intended to help you pay your bills until you return to work. If you cannot return to work at all, your benefits will provide you with some wage replacement for a certain period.

In Maryland, lost wages benefits pay you two-thirds of the wage you earned before your injury if you cannot work. There is a statutory cap that limits your benefits to $1,388.00 per week. The earnings cap each year is raised to account for inflation.

Workers’ Compensation also pays for part of your earnings when you cannot work to the capacity you had before your injury. You may not be able to work the same number of hours, or you may not be able to perform the higher-earning job duties that you once did. You could also qualify for partial Workers’ Compensation benefits covering two-thirds of the shortfall.

Temporary and Permanent Disability Coverage

Workers’ Compensation benefits would pay your lost wages when you suffer a temporary disability. Once you have reached the point of maximum medical improvement (MMI), the insurance company will ask you to attend an independent medical examination. The insurance company would determine your percentage of disability if you do not fully recover from your injuries. Then, you may be entitled to further lost wages compensation.

Your disability may be a permanent one. In that case, Workers’ Compensation would still cover your lost wages. The coverage could pay you for a permanent total or partial disability. You could negotiate a settlement agreement to pay you for the rest of your claim at that point. Lost wages would be part of your benefits. Once you sign the settlement agreement, you will not be able to receive any further money from your claim, so you need to ensure you have every dollar you can get. While a settlement may help you, there are also potential pitfalls.

Contact Our Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Today

Our Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton can work with you throughout your claim, whether it is assisting you in filing an appeal or negotiating a settlement. Call us at 800-547-4LAW (4529) or contact us online to schedule a free consultation.

We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.