How is Permanency Calculated in a Maryland Workers' Compensation Case?

  ·         If you’ve sustained a permanent injury on the job, but you’re not completely disabled, you are             entitled to compensation for your permanency.

  ·         The amount of compensation that you will be entitled to depends on a relatively complex formula        which is based on: (1) the injured body part, (2) the percentage of permanent impairment to that          body part, (3) and your average weekly wage.

o   Each injured body part is worth a certain number of “weeks” of compensation.

§  “Weeks” is the term used by workers comp, but since these awards are usually paid in a lump sum, it may be useful to simply think of the “weeks” as units.

§  Arms and Legs = 300, Foot = 250, Eyesight = 250, Hearing = 125/ear, Hand = 250, Thumb = 100, Fingers = 25-40, Great Toe = 40, Other Toes = 10

§  “Other Cases” are worth the most – 500 weeks.  Other cases include the neck, back, shoulders and chest.

o   Step 2 is to multiply the number of weeks associated with your injured body part by the percentage of your permanent impairment to that body part to determine what “tier” your injury fits into.  The tier will determine the rate at which you will be paid per “week” or unit.

§  First tier injuries = 75 weeks or less.  These are considered more minor injuries.  You will be paid one third of your AWW, but no more than $168 per week.

§  Second tier injuries = 75-249 weeks.  You will be paid two thirds of your average weekly wage, but no more than $335 per week.

§  Third tier injuries = 250 or more weeks.  These are very serious disabilities and are compensated at a rate of two thirds your AWW, but no more than $754/wk

o   For example: Your AWW is $300 and you have a 25% impairment to your back.  The back is worth 500 weeks, x 25% = 125 weeks.  125 falls into the second tier so you will be paid 2/3 of your AWW ($200) x 125 weeks = $25,000.00 (minus fees and expenses)

  ·         Calculating permanency is obviously quite complicated for people who are not familiar with it, but     for workers compensation attorneys and paralegals, it’s like second nature.

  ·         The takeaway to consider is how the value of your permanency can be maximized.

o   For example the thumb is worth 100 weeks but the whole hand is worth 250.  If you can establish that your thumb injury has caused an impairment to your entire hand, you may be able to take advantage of more than double the weeks.

o   If you’re dealing with a body part that gets more weeks to start with, you’ll be more likely to get over 75 weeks after your % is applied, thereby getting you into the second tier and increasing the rate at which you’ll be paid.

If you or someone you love has sustained a work injury in Maryland, or would like more information on workers' compensation, please call us at (301) 854-9000 for a free consultation or visit us online at: http://www.portnerandshure.com/Workers-Compensation/

Top 10 Questions a Maryland Workers' Compensation Attorney Answers Every Day

Portner & Shure receives a number of calls on a daily basis regarding injuries on the job in Maryland. Some of those injuries are considered soft tissue while others are considered much more serious, such as disc herniations or broken bones. Regardless of the nature of the injury sustained, we are asked the same questions. Our Maryland Workers’ Compensation attorneys compiled the top ten questions that we are confronted with regularly.

1) Can I sue my employer because I was hurt at work in Maryland?

The answer to this question is simple: NO. When you are injured in the course of your employment, you cannot sue your employer. Your remedies are provided under the Maryland Workers’ Compensation laws. The good news is workers’ compensation is no fault. As a result you will not have to prove your employer did anything wrong.

2) What do I do if I am injured on the job and my employer does not have workers’ compensation insurance?

All employers in the State of Maryland are required under the law to carry workers’ compensation insurance. However, in the event that an employer does not have insurance, a claim can still be pursued. The Uninsured Employers Fund will step in to assist you with your claim. An employer who is found to not have workers’ compensation insurance will be fined by the Maryland Workers’ Compensation Commission.

3) How soon can I recover my lost wages?

The time period in which an injured Maryland worker recovers his or her lost wages varies from case to case. If all the proper procedures are followed, an injured worker could receive benefits relatively quickly. Once the insurance carrier has reviewed and accepted the claim as compensable, then benefits can be paid almost immediately. However, if the insurance company decides to contest the claim, then a hearing before the Maryland Workers’ Compensation Commission may be required.

4) What is the Maryland Workers’ Compensation Commission and what do they do?

The Maryland Workers’ Compensation Commission oversees the workers’ compensation claims process. They act as the court system if you will. If there is a dispute between the injured worker and the insurance carrier that cannot be resolved, a hearing is requested wherein a Commissioner will hear the matter (similar to a judge) and make a decision on the matter.

5) Do I really need a work injury attorney to represent me or can I handle my Maryland Workers’ Compensation claim on my own?

A Maryland work injury attorney is not required to pursue a claim for Maryland Workers’ Compensation but it is recommended. An experienced Maryland Workers’ Compensation attorney can help navigate you through all the procedures. The workers’ compensation process is lengthy and full of forms and guidelines. A well-versed Maryland workers’ compensation attorney can maneuver through the red tape in order to move your claim through as quicky as possible.

6) If there is a dispute with the insurance company and a hearing before the Maryland Workers’ Compensation Commission is requested, how long does it normally take to get a hearing date?

Once a hearing is requested, it is up to the Maryland Workers’ Compensation Commission to schedule the hearing date. Neither an attorney nor an injured worker has control over when the date is scheduled. It could take a month or more to get a hearing date.

7) If I call the Maryland Workers’ Compensation Commission, can I expedite the hearing process?

No. Phone calls to the Workers’ Compensation Commission will NOT get a faster hearing date. Depending on the circumstances, a Maryland injury attorney may be able to assist with the filing for an emergency hearing. It is important to understand that even though an emergency hearing is requested that does not necessarily mean that the request will be approved. In fact, those requests are very rarely approved.

8) Can I get legal advice from the Workers’ Compensation Commission?

No. The Workers’ Compensation Commission does NOT provide legal advice.

9) I received an Order from the Workers’ Compensation Commission, when can I expect to receive my compensation? And what if I am not happy with the result?

The law in Maryland is that the insurance carrier has 15 days from the date of order in which to issue payment. Failure to issue payment within those 15 days can result in penalties.

Second, if an award is issued by the Workers’ Compensation that is believed to be unfair, there is always the option to appeal the decision to the Circuit Court. An appeal must be filed within 30 days of the date of the award. Otherwise, you will be forever barred from doing so.

10) I speak only Spanish, Chinese or Korean. How can I present my claim before the Maryland Workers’ Compensation Commission?

First, prior to the hearing, a Maryland work injury lawyer who has staff with Korean, Chinese, and Spanish speaking work injury paralegals must prepare you to testify. Second, the Maryland work injury attorney must request a court certified Spanish, Chinese, or Korean speaking interpreter to be present at your hearing.

To that end, we feel that any person sustaining an injury in the course of his or her employment should contact an experienced worker’s compensation attorney. An attorney could mean the difference between a lengthy painful legal process and a smooth timely claim that ends with your rights being protected. 

If you or a family member has been injured as a result of an accident that occurred during the course of your employment, and you would like a free legal consultation or if you would like more information on work-related accidents please feel free to contact our office (301) 854-9000 or visit us online at http://www.portnerandshure.com/Workers-Compensation/

Maryland Workers’ Compensation Attorney: How Does the WCC Claim Process Work?

           In a workers’ compensation case, the first step in the process is filing the claim with the employer’s insurance carrier.  The carrier will then either accept or deny that the worker’s injury, illness, or fatality is work related.  If the carrier denies the claim because they do not believe the injury is work-related, the disputed claim could end up in a hearing before the workers’ compensation commission (WCC).

            

           For an accepted claim, medical care and treatment for the injured employee is paid by the insurance carrier.  The injured worker will also receive compensation benefits to partially replace wages that would have been lost because of the injury.

            

           Next, the employer has 10 days after being notified of the employee’s accidental death or injury to file the first report of injury.  This is then followed by the filing of the employee’s compensation claim with the WCC.  Within 21 days of this filing, the employer and/or the insurer pay the benefits to the employee, or instead, they may file contesting issues if they are disputing the claim.  While a claim is being processed by the WCC, the commission will, within 30 days, issue an award or schedule the case for a hearing because contesting issues were filed.

            

           Following a WCC hearing, the commission will issue an order, which may or may not include an award, depending on their ruling.

           

           If you or someone you love has sustained a work injury in Maryland, or would like more information on workers compensation, please call us at (301) 854-9000 for a free consultation or visit us online at: http://www.portnerandshure.com/Workers-Compensation/