Understanding the Maryland Workers’ Comp Settlement Chart
One critical tool in the Maryland workers' compensation landscape is the workers' comp settlement chart. This article aims to demystify this chart, explaining its significance, how it works, and what you need to know to ensure you receive the compensation you deserve.
What is the Maryland Workers' Comp Settlement Chart?
The Maryland workers' comp settlement chart is a guideline used to estimate the amount of compensation an injured worker may receive. This chart is crucial for understanding how different factors, such as the severity of the injury and the worker's average weekly wage (AWW), influence the settlement amount. It serves as a reference for lawyers, insurance companies, and workers to ensure that compensation is fair and in line with state regulations.
| Injury Type | Weeks of Compensation |
|---|---|
| Arm | 300 weeks |
| Leg | 300 weeks |
| Hand | 250 weeks |
| Foot | 250 weeks |
| Eye | 250 weeks |
| Total Loss of Hearing (One Ear) | 125 weeks |
| Total Loss of Hearing (Both Ears) | 250 weeks |
| Thumb | 100 weeks |
| First Finger (Index) | 40 weeks |
| Second Finger (Middle) | 35 weeks |
| Third Finger (Ring) | 30 weeks |
| Fourth Finger (Little) | 25 weeks |
| Great Toe | 40 weeks |
| Other Toes | 10 weeks |
Notes:
- Compensation Calculation: The actual monetary compensation is calculated based on the injured worker's average weekly wage and the state average weekly wage.
- Temporary vs. Permanent Disability: This chart primarily addresses permanent partial disabilities. Temporary disabilities are compensated differently.
- Legal Guidance: It's important to consult with a workers' compensation attorney to understand the specific details of a case and to ensure fair compensation.
Key Components of the Settlement Chart
1. Type and Severity of Injury
The type and severity of an injury are fundamental in determining the settlement amount. Injuries are categorized into "scheduled" and "unscheduled" types:
- Scheduled Injuries: These include injuries to specific body parts, such as arms, legs, hands, and feet. The chart provides predefined compensation amounts for these injuries, making the process straightforward.
- Unscheduled Injuries: These are injuries that do not fall into the predefined categories, such as back or neck injuries. Compensation for unscheduled injuries is typically more complex and may require additional evaluation.
2. Degree of Impairment
The degree of impairment refers to how the injury affects the worker’s ability to perform job-related tasks. This is often determined through medical evaluations and can significantly influence the compensation amount. The impairment is usually expressed as a percentage, which directly impacts the settlement.
3. Average Weekly Wage (AWW)
The average weekly wage is calculated based on the worker's earnings before the injury. It serves as a basis for determining the weekly benefits the worker will receive. Maryland law sets maximum and minimum limits on these benefits, which the chart helps to clarify.
4. Permanent or Temporary Disability
The nature of the disability, whether permanent or temporary, plays a crucial role in the settlement calculation:
- Temporary Disability: Benefits are provided until the worker can return to work or reaches maximum medical improvement (MMI).
- Permanent Disability: If the injury leads to lasting impairment, benefits may be extended for a longer period or even for life, depending on the severity.
How the Settlement Chart Works
The settlement chart simplifies the calculation process by offering a structured approach to determining benefits. Here’s a step-by-step overview of how it typically works:
- Identify the Injury Type: Determine whether the injury is scheduled or unscheduled.
- Assess the Impairment Degree: Obtain a medical evaluation to quantify the degree of impairment.
- Calculate the AWW: Establish the worker's average weekly wage prior to the injury.
- Apply the Chart Guidelines: Use the chart to find the corresponding compensation based on the injury type, impairment degree, and AWW.
- Determine Benefit Duration: Depending on whether the disability is temporary or permanent, establish the duration for which benefits will be paid.
FAQ
Is Workers Comp Settlement Taxable in Maryland?
Workers' compensation payments in Maryland are not subject to taxes or payroll deductions. This means that the benefits received are not taxable income.
How Much Do You Get Paid For Workers Comp in Maryland?
Workers' compensation benefits in Maryland are typically two-thirds of the injured worker's average weekly wage. For 2023, the maximum average weekly wage for temporary total disability (TTD) benefits is capped at $1,402.00.
This is not including settlement payouts.
How To Calculate PPD in Maryland?
PPD benefits are calculated based on the severity of the injury, past and future medical expenses, impairment rating, and vocational rehabilitation needs. The compensation duration for scheduled injuries is specified in a chart, with different body parts assigned a set number of weeks for compensation.
How Long Do Most Workers Comp Settlements Take?
After a settlement is reached, the workers' compensation insurer has 15 days to send the settlement check. However, delays can occur, and if it takes more than a few days beyond this period, a complaint may be warranted.
How are workers' comp settlements calculated in Maryland?
The value of a workers' compensation settlement in Maryland depends on factors such as the severity of the injury, medical expenses, impairment rating, and vocational rehabilitation needs. Settlements can be reached at any stage of the case and must be approved by the Workers' Compensation Commission.
How much is permanent disability in Maryland?
Permanent disability benefits, including PPD or permanent total disability (PTD), are typically paid weekly. However, a full and final settlement is usually awarded as a lump sum, with attorney fees and other expenses deducted from the final amount.
How Do You File A Workers Comp Claim In Maryland?
The first step in filing a workers' compensation claim is reporting the injury to your employer. It's crucial to report the injury as soon as possible after it occurs. Maryland law requires employees to report work-related injuries to their employer within 10 days of the incident. Failure to report the injury within this timeframe could jeopardize your ability to receive benefits.
How Much Does Workers Comp Pay In Maryland?
For temporary total disability (TTD), individuals typically receive two-thirds of their Average Weekly Wage (AWW), with a maximum cap not to exceed 100% of the State Average Weekly Wage or $1,456.00 per week, whichever is lower. Similarly, for permanent total disability (PTD), the compensation follows the same formula. Understanding these compensation provisions is vital for injured workers navigating the workers' compensation process in Maryland.
Does Surgery Increase Workers’ Comp Settlement?
When an employee suffers a workplace injury that requires surgery, it often leads to a significant increase in the workers' compensation settlement amount. This increase is due to several factors, including higher medical expenses, extended recovery periods, and the severity of the injury, all of which are critical considerations in determining the settlement amount.
Need Representation?
Navigating the complexities of workers' compensation claims can be overwhelming, but you don't have to do it alone. At Shultz Legal, we specialize in Maryland workers' comp settlements, ensuring you receive the maximum compensation for your injuries. Our experienced attorneys are dedicated to guiding you through every step of the process, from initial filing to final settlement. Don't let the stress of legal procedures add to your burden—let us handle it for you. Contact Shultz Legal today to schedule your free consultation.
