Thursday, May 28, 2009
Notice and Limitations in Maryland Workers Compensation
Like every other area of the law Maryland workers compensation law also has notice and limitation requirements. Generally, if you miss a notice requirement the other side can claim you have hurt their ability to defend the case and as such you should not be permitted to get benefits. When you miss a limitations period you can be barred from pursuing your claim in total. In Maryland workers compensation law there are several limitation periods. One for accident injury (60 days Lab and Empl 9-709 (a) and (b), excused to 2 years for lack of prejudice), one for occupational disease (2 years from the date of disablement 9-711 (a) or 3 years for pulmonary dust disease); one for death benefits (18 months 9-710 (b); and one for worsening (5 years from the date of the last check in compensation for lost wage or permanency award). My advise is when you get injured report the injury to your supervisor and the next thing to do is call my office. 1-888-760-7339.
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Notice and Limitations
Tuesday, April 14, 2009
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.
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.
Tuesday, September 16, 2008
Lost Wages in Maryland Workers Compensation
The lost wage claim in Maryland workers ompensation law is called the (TTD) claim or temporary total disability. This lost wage claim can be temporary total or temporary partial (TPD). The amount of money paid to the injured worker is based upon an average weekly wage (AWW), for the thirteen weeks average earnings immediately prior to the injury. Oddly in Maryland an injured worker is not paid for the first three days missed until after he has missed fourteen days. That makes little sense to me, but it is the law. I always suggest to my clients to gather the pay stubs for the earnings for the thirteen weeks prior to injury just to be sure we get the AWW correct. This number impacts not only the TTD or TPD payment but can also affect the permanency award later.
Under Maryland workers compensation law the insurance company is not supposed to pay the TTD or TPD benefits until after the employee has properly filed his workers compensation claim form with the Workers Compensation Commission. You will find also that the insurance company is not supposed to terminate the TTD or TPD payments until they have filed a Termination of Benefits notice. If all goes as planned the TTD or TPD will pay until the injured worker is declared at maximum medical improvement (MMI). There are however circumstances where TTD and TPD will pay beyond MMI, such as when vocational rehabilitation is recommended.
Code, Labor and Employment § 9-621.The insurance company must pay the covered employee compensation that equals two-thirds of the average weekly wage of the covered employee, but does not exceed the average weekly wage of the state and is not less than $50. If the average weekly wage of the covered employee is less than $50 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the employer or its insurer must pay the covered employee compensation that equals the average weekly wage of the covered employee.
Under Maryland workers compensation law the insurance company is not supposed to pay the TTD or TPD benefits until after the employee has properly filed his workers compensation claim form with the Workers Compensation Commission. You will find also that the insurance company is not supposed to terminate the TTD or TPD payments until they have filed a Termination of Benefits notice. If all goes as planned the TTD or TPD will pay until the injured worker is declared at maximum medical improvement (MMI). There are however circumstances where TTD and TPD will pay beyond MMI, such as when vocational rehabilitation is recommended.
Code, Labor and Employment § 9-621.The insurance company must pay the covered employee compensation that equals two-thirds of the average weekly wage of the covered employee, but does not exceed the average weekly wage of the state and is not less than $50. If the average weekly wage of the covered employee is less than $50 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the employer or its insurer must pay the covered employee compensation that equals the average weekly wage of the covered employee.
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