Permanency Awards In Maryland Workers Compensation

The Permanency Award

One of the benefits available to an injured worker in a Maryland workers compensation claim is the permanency award. The way the permanency award system is structured multiple levels of disability are outlined. Each level affects the amount to money the injured worker receives for the industrial loss of use of his body.

For example Maryland workers compensation law has broken the body down into component parts. Each of the component parts (called scheduled members) is assessed a number of weeks of disability. For any body part that is not specifically articulated in the scheduled members list the maximum number of weeks of disability for that body part is 500 weeks of disability. When multiple schedule members are injured they also fall into the category of a maximum 500 weeks of disability. The magic threshold number of weeks of disability which affect the amount of the permanency award are 75 weeks and also 250 weeks. This is a bit complicated but below outlines the law on the weeks of disability.

As to disability is that are less than 75 weeks each week of disability is multiplied on the following formula. On or after January 1, 2000.- Except as provided in subsections (f) and (g) of this section, if a covered employee is awarded compensation for less than 75 weeks in a claim arising from events occurring on or after January 1, 2000, the employer or its insurer shall pay the covered employee compensation that equals one-third of the average weekly wage of the covered employee but does not exceed $114.
As to disability that is greater than 75 weeks but less than 250 weeks each week of disability is multiplied on the following formula: § 9-629 If a covered employee is awarded compensation for a period equal to or greater than 75 weeks but less than 250 weeks, the employer or its insurer shall pay the covered employee weekly compensation that equals two-thirds of the average weekly wage of the covered employee but does not exceed one-third of the State average weekly wage.

As to disability that is greater than 250 weeks each week of disability is multiplied on the following formula § 9-630. Serious disability if a covered employee is given an award or a combination of awards resulting from 1 accidental personal injury or occupational disease for 250 weeks or more under § 9-627 of this subtitle: (i) the Commission shall increase the award or awards by one-third the number of weeks in the award or awards, computed to the nearest whole number; and (ii) the employer or its insurer shall pay the covered employee weekly compensation that equals two-thirds of the average weekly wage of the covered employee, but does not exceed 75% of the State average weekly wage.

As to disability which is considered to be a permanent total disability each week of disability is multiplied on the following formula. § 9-636. Determination of disability; presumption b) Presumption.- Absent conclusive proof to the contrary, the loss or loss of use of any of the following constitutes a permanent total disability: (1) both arms; (2) both eyes; (3) both feet; (4) both hands (5) both legs; or (6) a combination of any 2 of the following: (i) an arm; (ii) an eye; (iii) a foot; (iv) a hand (v) a leg.