Mooney Law represents injured workers in Maryland and Pennsylvania. Attorney Buterbaugh is admitted to the Maryland Court of Appeals and understand Maryland workers compensation. Employers and insurance carriers frequently deny Maryland work injuries. They can make things quite difficult. However, Attorney Buterbaugh and Mooney Law stands ready to fight and protect your rights and benefits that you are afforded under the Maryland Workers Compensation statute for Maryland injured workers from Hagerstown to Westminster to Frederick.
What benefits may you be entitled to in Maryland?
You may be entitled to wage loss benefits. The period of time you can receive these benefits are directly related to severity of your work injury. Maryland workers compensation has a few different benefits, ranging from short-term wage loss benefits to long-term wage loss benefits. Here is a brief summary of those benefits.
Temporary Partial and Total Disability
Sometimes, a work injury is not completely disabling. Perhaps the injured worker can work part-time while healing from the work injury. In these instances, the injured worker may be entitled to temporary partial disability benefits, which would be based on the amount of actual wages you receive while working part-time. These benefits are payable at a rate of 50 percent of the difference between the wage the worker was earning before his or her disability and the wage he or she is earning while temporarily partially disabled.
Some injuries are totally disabling that a worker can’t return to work in any capacity. Temporary Total Disability benefits are paid while the injured worker is out of work though the healing period. following a workplace injury. These benefits replace your income. However, they are paid on a reduced rate. The injured worker will generally receive about two-thirds of their average weekly wage. Maryland does have a maximum rate.
These benefits are payable after the injured worker misses 14 days. If the injured worker misses less than 14 days, then the injured worker will be paid for all days missed, except for the first three days. If an individual cannot return to work for more than 14 days, he or she should receive compensation for all days missed from work following the date of disability. These wage loss benefits continue until the injured worker is recovered or returns to work in a modified capacity. At that point, temporary partial disability may begin if the injured work returns to work, less than full-time. It is also important to know that these benefits will stop when the injured worker reaches maximum medical improvement. That may occur before the injured worker is fully recovered.
Unlike Pennsylvania, Maryland has benefits for work injuries based on the permanency of the injury. Here is the explanation of those benefits.
Permanent Partial and Total Disability
Permanent partial disability benefits are payable when an injured worker has suffered a permanent impairment but may not be completely disabled. The injured worker would then be entitled to permanent partial disability benefits. Those benefits are payable at compensation equal to his or her average weekly wage at the time of the work injury. These benefits continue for a set period of time. That time period is dictated by the statute. This is somewhat similar to Pennsylvania’s specific loss provisions, where the injured worker may be entitled to receive a set period of week for a specific body part, again, dictated by the statute. By way of example, a hand is defined at 250 weeks for loss or loss of use. The act specifies the weeks that are assigned to body parts.
An injured worker can also receive permanent total disability benefits if he or she has experienced the loss or loss of the use of both arms, eyes, feet, hands or legs or a combination of an arm, hand, foot, leg or eye. These benefits would equal to two-thirds the workers’ average weekly wage. Unlike Pennsylvania, which has no permanent benefits, these benefits also receive an annual cost of living bump. There is no such COLA in Pennsylvania.
Injured workers are also entitled to medical benefits.
Injured workers are entitled to certain expense reimbursements. These can include expenses for medical treatment and travel.
Finally, injured workers in Maryland are entitled to vocational rehabilitation. These benefits apply when an injured workers is unable to perform the work they were previously did before the work injury.
What should a Maryland Injured worker do?
1. Just like in Pennsylvania, and quite frankly any state, an injured worker in Maryland should report the injury to the employer immediately. This notice must be provided within ten days. Then the injured worker should file a claim on Employee Claim Form C-1, and include physician’s report, if available. The form can also be completed online with the Maryland Workers Compensation Commission (MWCC). Do not confuse reporting the injury to the insurance carrier of your employer and reporting ti to MWCC. The employer must file a claim with the MWCC. It is your employer’s responsibility to file the claim with their insurance carrier.
2. Seek immediate medical treatment. Be descriptive with her doctor how you were injured and report all your pain symptoms, even if minor at the time.
3. Call Mooney Law at 833-MOONEYLAW or 717-200-HELP to schedule a FREE consultation. We will fight to protect and gain you the benefits you are entitled to.
Maryland Areas We Serve?
Mooney Law represents injured workers in Northern Maryland. Specifically, we represent injured works in Washington County, Frederick County, Carroll County, and Baltimore Counties. We have law offices in close proximity to Hagerstown, Thurmont, Emmitsburg, Taneytown, and Hampstead. We have meet by appointment offices in Frederick and Westminsiter.
Why Mooney Law?
First, Mooney Law’s personal injury practice, including workers compensation, is proven, trusted, and experienced. We have a full litigation practice and litigate before judges every day. Furthermore, Mooney Law’s Managing Partner, Mark Buterbaugh, is barred in both Maryland and Pennsylavnia and handles work injuries in both states. He has been selected as a Super Lawyer and as a Rising Star in Pennsylvania by the national magazine, Super Lawyers. He has recovered tens of millions of dollars for injured workers.
When you are injured, you are worried about getting better. You are worried about your pain. You are worried about how serious your condition may be. You are worried about your job. Filing a claim and all the paperwork may very well be the last thing on your mind, but it is extremely important. So call Mooney Law. We will take care of it for you.
Not only will we litigate and fight for you, but we will handle all the administrative paperwork with the MWCC, ensure statutory deadlines are met, and take care of compiling the evidence needed to prove your claim. We will actively communicate with the MWCC, your employer, and their insurance carrier, so you do not need to. We will also represent you at appeal hearings and fight for your benefits. Finally, we will put out proven and trusted negotiating skills to good use for you.
All you need to do is give us a call today for a FREE consultation. Call Mooney Law at 833-MOONEYLAW.