Workers that are unfortunate enough to get hurt on the job in Maryland may be entitled to receive lost wages. These workers comp payments are called temporary total disability benefits. The amount, timeliness, and accuracy of these payments should be verified with a workers comp attorney.
For a Free Consultation call Maryland Workers Compensation Attorney Andrew M. Rodabaugh today at
Am I entitled to these payments?
If you are an employee, are injured while performing a job related task, and are being instructed by a physician to avoid work then you are most likely entitled to temporary total disability payments. For further reading on being entitled to these payments look to my common questions and answers page.
If your Doctor has written a light duty note see this posting.
How much should the injured Maryland worker receive every week in lost wages?
For most workers these payments are to be in the amount of 2/3 or 66% of the workers average weekly wage. The average weekly wage is based on the wages the injured worker received for the prior 14 weeks of pay. In the event the employee did not work for the 14 weeks an average should still be used to determine the workers comp payments. For now these wages are to be paid tax free. Confirmation of the tax ramifications should be done with a qualified accountant or tax attorney.
In some instances workers hurt on the job in Maryland are entitled to full wages. This is often the case with municipality employees- city, county, Maryland state, and some townships provide wage continuation for a certain period of time. Wage continuation is volunteered by these employers and is not required under Maryland workers comp laws. There are also a handful of public companies that voluntarily pay their injured employees full salary for a specific duration. Southwest Airlines is one company that has provided this benefit for their injured employees in the past.
If the employer does have a policy to pay full salary in lieu of lost wages it is most likely only for a period of time and not permanent. Once the period of voluntary full salary payment ends the Maryland Workers Compensation insurer is obligated to begin the temporary total disability payments.
Employees injured on the job in Maryland should consider the ramifications payments from other sources may create.
Common Issues with Maryland workers comp checks
Getting paid regularly– Very often the temporary total checks (ttd) are not paid timely. It is common for injured workers to receive piecemeal checks for a couple days at a time, or a check that includes two weeks of payments. This can be, not only aggravating, but financially debilitating for these workers. A qualified and experienced Maryland Workers Compensation Attorney can help ensure these benefits are received regularly. Under Maryland law employees are to receive these checks within 15 days or penalties may be applicable.
Payments later than 15 days can lead to a 20% penalty.
Payments later than 30 days can lead to a 40% penalty.
Coordinating treatment with out of work notes– As stated in order to be entitled to ttd payments a worker must have an out of work note from a doctor. Some doctors are reluctant to provide these notes while other doctors may not completely understand the importance of having an up to date out of work note. For every Maryland workers compensation case there is an adjuster or workers comp case manager eager to stop making those ttd payments. This means that if an out of work note is late or does not cover every day then benefits may be cut off. Occasionally doctors appointments will be delayed and leave the injured worker no opportunity to get an updated out of work note. The payments then stop.