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/