How Long Can I Stay on Workers’ Compensation in Maryland?October 26, 2023
Workers’ Compensation assists you by covering part of your lost wages when you cannot work and reasonable medical expenses to treat your work-related injury. The amount of time you can collect benefits depends on the severity of your injury and how long it takes to heal. An experienced Workers’ Compensation attorney can advise you about the legal aspects relating to your claim.
Temporary Benefits End When You Are Fully Recovered
In the best-case scenario, you could fully recover from your work-related injury. At some point, you would undergo a medical evaluation to assess your condition. The doctor could determine that you are fully healed and can return to work without any restrictions. In that case, your benefits would last the entire time that you have been temporarily disabled, whether you were unable to work at all or whether you were only able to perform part of your duties.
Benefits for Permanent Disabilities
Things get more complicated when you are not able to recover fully. You would be called to undergo an independent medical examination when you are believed to have reached maximum medical improvement (MMI). The doctor would determine whether you have a permanent disability. Your permanent disability could be either partial or complete.
If you have suffered a permanent partial disability, the length of your benefits would depend on the injured body part. Maryland has a table that assigns certain values to each body part.
Even though your benefits are measured in weeks, you may agree to a lump-sum settlement. Then, you would get the entire amount of the benefits upfront, including both the lost wages and the medical costs.
If you have suffered a permanent total disability, you would be completely unable to work. Then, you would be able to receive benefits as long as you cannot work. Presumably, you could continue to receive benefits up to retirement. Again, you would likely take your benefits upfront as part of a settlement agreement.
You May Disagree on Your Disability
The main problem you may have is that the insurance company may take a different view of your health. The insurance company will hire a doctor for your independent medical examination. They may classify you as returning to work when you are not ready. The doctor could determine that you are partially disabled when you cannot return to work at all.
You Can Appeal a Decision
You can present your evidence as part of an appeal. Your treating doctor’s opinion may be considered part of an administrative appeal, and an administrative law judge would determine your case.
You may need to fight for all the benefits that you can get. The insurance company and your employer may not want your benefits to continue. An experienced Workers’ Compensation lawyer can stand up for your legal rights.
Contact a Baltimore Workers’ Compensation Lawyer at LeViness, Tolzman & Hamilton Today
If you disagree with any determination about the extent of your disability, contact a Baltimore Workers’ Compensation lawyer at LeViness, Tolzman & Hamilton. We can help you appeal any decision when necessary. Call us at 800-547-4LAW (4529) or contact us online for 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.