When you’re injured on the job, knowing where to turn and what decisions to make can be difficult. You may be worried about supporting your family and about the state of your job. Fortunately, in Maryland workers’ compensation benefits exist. The benefits you receive are determined by the type of injury you have sustained. The state breaks these down into temporary and permanent injuries.
In the event of a temporary injury, you may receive temporary partial disability benefits or temporary permanent disability benefits. Both benefits exist to help you recover a portion of your lost wages while you are unable to work.
You may choose to seek legal counsel when dealing with workers’ comp. If that’s the case, a Baltimore temporary disability lawyer from Belsky Weinberg & Horowitz is prepared to represent you.
What Is Considered a Temporary Disability in Maryland?
When you’re seeking temporary disability benefits in a workers’ compensation case, your lawyer will look into your eligibility and what benefits apply to you. A temporary disability is typically defined as a curable mental or physical impairment that hinders normal functioning until healed.
Examples of temporary disabilities include:
- Broken bones
- Sprained ligaments or tendons
- Bronchitis
- Concussions
- Mononucleosis
- Short-term hand impairments
According to the Workers’ Compensation Commission of Maryland, to qualify for any disability benefits your injury must meet the following requirements:
- Your injury must be the result of an accident at work.
- Your injury must occur because of your job environment or work duties.
- Your injury must happen during the course of your employment.
If your disability is something you will recover from, you may be eligible for temporary benefits. If you find that you will not recover from the injury, you may seek benefits for a permanent injury. The nature of your injury and the time spent healing and recovering are determining factors in the type of benefits you receive, as well as how much compensation you are entitled to.
Temporary Partial Disability
Temporary Partial Disability (TPD) benefits may be offered during a recovery process where an employee is not completely disabled but has an injury for a temporary period of time. The benefits are intended to assist employees who can only perform part-time or limited duties at a reduced income level.
The Workers’ Compensation Commission determines the maximum rate of benefits and reevaluates them each year in congruence with the average cost of living. For a TPD, an employer or their insurer will pay their covered employee compensation that equals at least 50 percent of the difference between their average weekly pay and the wage-earning capacity. At the most, a person receiving TPD benefits can claim two-thirds of their average weekly, not exceeding $1,094. Your lawyer will calculate the benefits you should receive.
TPD benefits are intended to replace a portion of lost income while an employee can’t work. The benefits are terminated when the employee is no longer disabled—meaning they can return to work in some capacity. A medical professional makes this determination. Sometimes an employee is deemed capable of returning to their previous duties even if they haven’t recovered to their pre-injury condition.
Temporary Total Disability
As an employee, you may be entitled to Temporary Total Disability (TTD) benefits if you are injured on the job and are entirely unable to work for a temporary period of time. These benefits are typically offered during what is considered to be the healing period. To receive payments, you must be considered completely disabled from all your work purposes until you recover. Your Baltimore temporary disability lawyer will fight for you to get full and fair compensation during this time.
If your temporary disability lasts for 14 days or fewer, you may only receive compensation for your medical bills and expenses. There will be a three-day waiting period for your benefits after you are deemed disabled.
If your disability lasts longer, you may receive a portion of your lost wages. You can begin collecting this award from the first day you are considered disabled. As with TPD benefits, you are likely to be entitled to two-thirds of your average weekly wages, so long as it doesn’t exceed $1,094.
Our Temporary Disability Lawyers Can Help
Regardless of what kind of injury you sustained while working, the impact can be life-changing. If your employer denies your claim, your settlement offer doesn’t cover your medical expenses, or you feel as though your injury is a result of your employer’s negligence, our temporary disability lawyers can help.
Our experienced attorneys will negotiate with your employer and their insurer on your behalf to reach a fair settlement. For questions about temporary disability or workers’ compensation, contact us online today.
