If you live in Maryland and get hurt on the job, you may be entitled to workers compensation benefits. One of the first questions our Baltimore workers comp lawyers hear from new clients is how much money they’ll get in replacement wages.
The good news is that, unlike many other states, Maryland’s Workers Compensation Commission is rather generous when it comes to replacement wages. Their maximum allowance is nearly twice the amount as in some states. However, they don’t allow you to collect them for very long. To qualify for benefits, you need to meet certain eligibility requirements.
Here, we’ll discuss what the process is for filing a claim for workers compensation. We’ll also talk about how much you can expect to receive should your claim be approved. If you still have questions or concerns, feel free to contact our firm directly. We’ll be more than willing to answer any questions you may have. In fact, you can schedule your initial, free consultation right over the phone or through our website.
Not All Workers Are Eligible for Workers Compensation in Maryland
In most states, employers aren’t required to carry workers compensation insurance unless they have at least 3 or 4 employees. This isn’t the case in Maryland. The workers compensation laws in Maryland require that all employers carry this type of coverage. As long as a company has 1 employee, they must maintain adequate workers compensation coverage.
While there is a good chance your employer is required to carry workers comp insurance, that doesn’t automatically mean you’re entitled to benefits. There are certain categories of workers that are excluded from workers comp, even in Maryland. These categories include the following:
- Agricultural workers (companies with less than 3 employees or less than $15,000 yearly payroll)
- Seasonal and casual employees
- Federal employees
- Railroad workers
- Domestic servants (earnings less than $1,000 in calendar quarter)
- Independent contractors
If you fall into one of these categories, you won’t be able to file a workers compensation claim in Maryland. However, the best personal injury attorneys in Baltimore will help you find alternate solutions.
You Must Meet Certain Criteria Before Your Claim is Approved
Before you can start thinking about benefits, you need to qualify for workers comp. There are certain rules or criteria you must meet if you expect your claim to be approved. These are the same regardless of what state you live in.
According to the law in Maryland, you must meet the following requirements for workers compensation:
- Your injury must have occurred while you were on the clock
- If you’re a salaried employee, then you must have been injured while working within the scope of your employment.
- You must not be under the influence of alcohol or drugs at the time of your incident.
- You must not have a pre-existing condition that caused your current injury.
- You have to report your injury right away.
- You must agree to take a drug test prior to treatment.
- You can only be treated by a state-approved doctor.
- You cannot work anywhere else while out on workers comp.
- You must participate in your medical treatment.
If you meet these basic requirements, there’s no reason why your workers compensation claim should be denied. However, if it is, your Baltimore workers compensation lawyers can help.
Your Baltimore Workers Compensation Lawyers Can Appeal Your Claim
Hopefully, once you file your workers compensation claim, you’ll start receiving benefits within a week or two. Technically, you have to miss at least seven days of work before you can start claiming benefits. If you’re out work for a few weeks, you’ll likely receive a retroactive payment for those initial seven days.
If, however, you find out your claim was denied, you should talk to a Baltimore workers compensation lawyer immediately. You don’t have a lot of time to file an appeal. According to Maryland law, you only have days to file your appeal. If you don’t file it in time, your claim will likely be barred forever.
Once you and your attorney file your appeal, you should have a response in days. If the response is positive, then you will receive benefits dating back to the date of your injury. If it’s denied again, you’ll need one of the best workers compensation attorneys in Baltimore to help you file suit against your employer.
What Benefits Will You Receive Once Your Claim is Approved?
Once your claim is approved, you’ll start receiving weekly benefits. These benefits will be equal to 2/3 of your average weekly wages. However, there is a limit to how much you can receive each week. As of 2022, the cap on benefits is $1,338 per week. If you make more than $2,027 per week, you will still only receive $1,338 per week. This means that people who are used to making more than this amount, will lose money.
For example, if you typically make $3,000 per week, you’d think your benefits would be around $2,000 per week. Unfortunately, since the cap is $1,338, that is all you will receive.
You should also know that, in Maryland, you only receive these benefits for 75 weeks. That’s about one year and 5 months. After that time is up, you’ll have to either return to work for full pay or have your Baltimore workers compensation lawyer demand permanent disability compensation.
Contact One of the Best Personal Injury Attorneys in Baltimore Today
If you get hurt at work, the last thing you should have to worry about is how you’re going to pay for your medical care. If your injury was job-related, your employer should do the right thing and take care of you. The way they do that is by maintaining workers compensation insurance. This insurance will take care of their employees’ medical bills should they get injured. It will also provide injured workers with replacement wages so they can recover at home.
If your workers compensation claim was denied, or you have no idea how to apply for them, don’t worry. Call our office and ask to schedule your free consultation with one of our experts. The best personal injury attorney in Baltimore working for us has extensive experience in the field.
They can answer any questions you may have and help you decide what steps to take next. Since you aren’t charged for this initial meeting, you have nothing to lose. Your employer has a whole team of lawyers working for them and you should too. Call today and select a date and time that works for you.