Can I Receive My Full Salary While on Workers’ Comp?
The goal of workers’ compensation is simple: If an employee is injured on the job, the workers’ compensation insurance will pay for their medical expenses and salary. As you might expect with any program of this nature, there are a lot of rules, restrictions, and regulations. There’s also the risk of having your claim denied.
That is when a Baltimore workers’ compensation lawyer can step in and help with the appeals process.
As you begin the claims process, you will want to know what you’re entitled to with regard to your medical expenses and if you can receive your full salary while on workers’ comp.
Types of Disability Benefits
Before filing for wage benefits, you must have your injury classified. It doesn’t matter what type of accident caused the injury, but what the aftermath is. Your doctor will determine this classification and will need to verify their assessment as part of your claim.
Temporary Partial Disability
These benefits are paid to workers who can only perform limited or part-time duties at a reduced income level. This means you might be able to work, but not at the same type of task and pay.
For instance, you might have been working as a forklift operator when you were injured. While you’re recovering, you might be assigned office work.
Temporary Total Disability
These benefits apply to workers who are temporarily unable to perform any task due to their workplace injury or illness. Someone who broke their arm on the job would be a good example of this.
Permanent Partial Disability
If your injury has left you with lasting, partial impairments, is it classified as a permanent partial disability? For example, you might have injured your back and are now restricted from any type of heavy lifting, but you can still work on other tasks.
Permanent Total Disability
With a permanent disability claim, your injury prevents you from returning to your current job in any capacity.
Serious Disability Benefits
A serious disability is similar to permanent total disability, but often means you aren’t able to accept any type of work for any job.
Partial Wage Payment
When getting paid for lost wages because of workplace injury, you need to start with the state average, of which the Maryland Workers’ Compensation Commission is $1,493. A workers’ compensation claim for Temporary Total Disability or Permanent Total Disability can only receive two-thirds of the employee’s average weekly wage.
However, that amount can’t exceed the state average for a weekly salary.
It also can’t exceed your current salary at the time of the injury. For example, if your weekly wage was $1,000, your salary benefits would be around $650. On the other hand, if you make $2,000 per week, your benefits will only be around $1,000.
If your claim is for Permanent Partial Disability, you might be awarded compensation for a period of less than 75 weeks at a rate of 33.3% of your weekly wage that does not exceed the state average weekly wage of $250.00. For awards greater than 75 weeks, the cap goes up to $498.
An approved temporary partial disability claim will receive 50% of the employee’s weekly salary, not exceeding the state average weekly wage of $747. With a serious disability, you are entitled to collect two-thirds of your weekly average wage, provided it doesn’t go over 75% of the state average weekly wage or $1,120.
Getting the Maximum Benefits
It is understandable if you consider these payment levels to be confusing. That is why you need the support of the team at Belsky & Horowitz, LLC. We have years of experience helping our clients achieve the maximum benefits for their workers’ compensation.
If there is an issue with the initial claim, we’ll also represent our client at a workers’ compensation commission hearing. That is where we will present evidence to support the nature of the injury and why you’re entitled to receive compensation.
We want to hear from you if you’ve been injured on the job.
Call for a free consultation today.
