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    Maryland Workers’ Compensation Claims

    Maryland was the first state to enact workers’ compensation laws, passing its first law just after 1900.  Presently under Maryland law, all employers should be covered under valid Workers’ Compensation Insurance or self-insurance.  Therefore, all employees who are injured on the job, within the meaning of the statute, would qualify for Workers’ Compensation benefits under the insurance coverage stated above.  There are multiple instances where an employer/insurer with proper insurance coverage would contest coverage for an injured worker.  There are numerous defenses which can be raised by the insurance company at the Workers’ Compensation Commission. Some of those defenses include, but are not limited to, jurisdiction of the claim, statute of limitations, accidental injury arising in or out of the course of employment, causal relationship of the condition to the injury, idiopathic condition, horseplay, coffee breaks, social/recreational injuries, independent contractor.  Your claim should be thoroughly evaluated by one of our attorneys to determine any potential claims that we can make on your behalf and anticipate any defenses that may arise.    

    A claim in Maryland can be filed for accidental injury arising in and out of the course of employment, dependency (death), or occupational disease.  This area of the law is a very complex area, which requires an in-depth analysis of the facts and circumstances of the employment, the accident, the date of injury and/or date of disablement and the injuries which the claimant incurred as a result of this accident/disease.  

    Once your Maryland Workers’ Compensation claim has been filed and accepted by the insurance company or litigated in front of the Maryland Workers’ Compensation Commission and accepted by the Maryland Workers’ Compensation Commission, you would be entitled to the benefits provided in the statute.   

    Indemnity benefits in Maryland include four types of disability benefits broken down as follows: temporary total disability, temporary partial disability, permanent partial disability, permanent total disability.   

    Maryland Workers’ Compensation law provides that the claimant who will receive temporary total disability shall receive 2/3 of their gross average weekly wage, as determined at the time of their injury.  This average weekly wage is subject to the maximum rate in the State of Maryland for the year of the injury.  Once the claimant has reached maximum medical improvement, they are no longer eligible for temporary benefits, either temporary total disability and/or temporary partial disability.  Some employees may return to their previous job, other employees may be unable to return to their previous job due to their injuries sustained in the accident.  Those employees who cannot return to their previous job may make a claim for vocational rehabilitation services.  A Claimant is deemed to be temporarily totally disabled when they are under medical care, have not reached maximum medical improvement, and are unable to return to work.   

    Temporary Partial Disability may be payable to the claimant if they are released to return to work in some type of light duty capacity where they do not work the same job as they did pre injury and earn less money than they did pre injury.  Temporary partial disability payments compensate the injured worker for half of the difference between their gross average weekly wage before and after the injury.  

    Vocational rehabilitation can consist of job training, schooling or job placement services.  The injured worker in Maryland is entitled to receive the equivalent of temporary total disability benefits when they are out on vocational rehabilitation.   

    Permanent partial disability benefits in the State of Maryland are calculated based on Insurance Article, Section 9-627 of the Annotated Code of Maryland which sets forth the statutory number of weeks for the particular type of injury sustained by the claimant.  Those weeks are then calculated in conjunction with the permanent partial disability rating and/or amount of disfigurement as well as any industrial loss sustained by the injured worker.  Depending upon which tier the injured worker’s disability falls under, a different rate will apply.  Click here to see the maximum rates for your Workers’ Compensation case.  

    Injuries to the fingers, hands, arms, toes, feet, legs, ears and eyes are called scheduled losses.  Injuries to the head, neck, shoulders, hips, back, internal injuries or any of the other body parts not listed in the scheduled members are called other cases injuries.  Compensation is paid for scheduled losses based upon the disability received by the employee and how their disability compares to the same ratio to a total loss of that body part.  The body parts in the schedule of 9-627 are as follows: 

    • Thumb- 100 weeks
    • Index finger-40 weeks
    • Middle finger- 35 weeks
    • Ring Finger- 30 weeks
    • Little Finger- 25 weeks
    • Great toe- 40 weeks
    • One of the other toes-10 weeks
    • Hand- 250 weeks
    • Arm- 300 weeks
    • Foot -250 weeks
    • Leg-300 weeks
    • Eye-250 weeks
    • Hearing -125 weeks each ear
    • Disfigurement- A maximum of 156 weeks  

    The Commission can also make an award for industrial loss.  Injuries to the non-scheduled members for other cases injuries are paid based upon 500 weeks. 

    At the Hearing to determine the percentage of permanent partial disability due, both attorneys will present evidence to the Commissioner which will include a permanent disability rating as well as some background and additional information regarding the injury and the effects of the injury as they apply to the injured worker.   

    Permanent total disability is when the injured worker claims, as a result of his injuries from the accident, he is permanently unable to return to suitable gainful employment.  The compensation rate which the injured worker is entitled to receive will be based upon his permanent total disability/temporary total disability rate.  An injured worker who is adjudicated permanently totally disabled can make a claim for cost of living adjustment. 

    Injured workers in Maryland may make a claim for worsening of their condition within five years of the date of the last payment of compensation.  For information on how to file your claim for worsening, click here.  In addition to the benefits as described above, an injured worker may make a claim for death benefits, please click here to read more about death benefits.

    If an injury results in the death of the injured worker, the dependents of the injured worker can make a claim for dependency benefits.  Click here to read more about death benefits. 

    In addition to the indemnity benefits as outlined above, injured workers in Maryland are entitled to have their medical expenses paid which are related to the original injury.  All the bills will be submitted to the insurance company processing your claim and will be paid subject to the Maryland Fee Guide.  When bills are paid pursuant to the fee guide, the provider must write off any balance that remains.  The injured worker is not responsible for the balance of money paid after the reduction from the fee guide. 

    To read about attorney fees in Maryland Workers Compensation Cases click here.

    The Attorneys at Foran & Foran, P.A. have been practicing in the area of personal injury law and handling workers compensation cases for over 45 years.  You must have an experienced, aggressive Maryland Workers Compensation lawyer handling your case to ensure that you receive the best result possible.    

    Our location : 6301 Ivy Lane Greenbelt, MD 20770-6315 - Get Directions