In a previous post, we began discussing how those left sidelined by a serious work injury can take considerable comfort from the fact that they are more than likely covered by the Maryland Workers’ Compensation Act, which dictates that qualifying injured workers are entitled to much-needed work comp benefits depending upon their circumstances.
Specifically, we examined temporary partial disability benefits, which are paid by an employer or insurer to injured workers who are able to return to work in some capacity. In today’s post, we’ll continue this discussion by taking a closer look at temporary total disability benefits.
What are temporary total disability benefits?
When a worker suffers some type of on-the-job injury that has left them temporarily unable to work in any capacity — meaning even no limited or part-time duty — he or she is considered completely disabled. As dire as this scenario may sound, workers in the “healing period” are eligible for temporary total disability benefits.
How much does an injured worker receive in temporary total disability benefits?
The Maryland Workers’ Compensation Act provides that workers found to be temporarily totally disabled are entitled to work comp benefits in the amount of two-thirds of their average weekly wage up to the maximum average Maryland weekly wage.
To recap, the average Maryland weekly wage is set every year Department of Labor, Licensing and Regulation, and submitted to the Workers’ Compensation Commission to use in its various calculations.
Are temporary total disability benefits paid the entire time the injured worker is away?
If the worker is temporarily totally disabled for 14 days or less, work comp benefits can be excluded for the first three days of the disability — except for payments concerning medical- or funeral-related expenses.
However, if the worker is temporarily totally disabled for more than 14 days, work comp benefits can be paid for these first three days of the disability.
We’ll continue this discussion in future posts, exploring permanent partial disability benefits.
In the meantime, if you have been injured on the job and the insurance company has denied your claim for work comp benefits, consider speaking with an experienced legal professional as soon as possible.