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Workers’ Compensation

The general purpose of workers’ compensation laws is to provide compensation to injured workers and their families for the worker’s loss of earning capacity resulting from a work-related injury. Recovery is typically allowed to an injured employee for a work injury arising out of, and in the course of, employment, regardless of the employee’s fault.

There are six primary categories of benefits that may be provided for in workers’ compensation:  partial permanent disability benefits, temporary total disability benefits, death benefits, total permanent disability, medical benefits, and vocational rehabilitation benefits.

Partial Permanent Disability benefits. The most common type of significant monetary award to a Claimant, partial permanent disability (“PPD”) benefits are paid to an injured worker to compensate for the injured worker’s loss of earning capacity (not to compensate workers for emotional injuries such as pain and suffering). Workers’ compensation statutes provide compensation when earning power is lost as a result of a work-related disability. Such benefits compensate for the worker’s inability to secure or retain employment resulting from the work-related injury and/or from diminished earning capacity. To determine compensation, a Claimant is “rated” to evaluate lost earning capacity, and the Workers’ Compensation Commission makes a finding.

Temporary Total Disability benefits. If a covered employee is temporarily totally disabled due to an accidental personal injury or an occupational disease, the employer shall pay the covered employee compensation (“TTD” benefits). The amount to be paid during such a period of temporary total disability is determined by the Commission, if the parties cannot agree.

Death Benefits. Most jurisdictions provide some form of compensation for families or other survivors of an employee killed as a result of a work-related accident. The goal of such statutes is to replace the lost income, for the benefit of survivors. Maryland’s statute provides death benefits to individuals who were dependent on a deceased covered employee at the time of death, resulting from an accidental personal injury or occupational disease; if so, the employer shall pay death benefits in accordance with workers’ compensation law.

Total Permanent Disability. An injured Claimant who becomes totally, permanently disabled as a result of a work injury is eligible for a special benefit scheme provided for, with any amount of benefits as ordered by the Workers’ Compensation Commission.

Medical Benefits. Ordinarily, the reasonable cost of medical care caused by a work injury, relating to a recognized claim, is covered by workers’ compensation. Such coverage includes treatment, prescriptions, and medical appliances or other devices, as well as mileage to and from medical appointments.

Vocational Rehabilitation benefits. Long ago, the Maryland General Assembly enacted statutes providing for the vocational rehabilitation of injured and disabled workers, with the goal of returning them to productive employment.  Maryland’s law was based on similar statutes, providing for the promotion of vocational rehabilitation of persons disabled in industry or work. Funding provides vocational rehabilitation and placement to injured workers. The Claimant is paid, as provided for in the statute, during this period of vocational rehabilitation.

If you have been injured in a work accident requiring medical treatment, or have suffered what you believe is a work-related illness or condition, then please contact Mallon LLC for a free consultation regarding your workers’ compensation case in Baltimore, MD and throughout Maryland. Let us be your workers’ compensation attorneys. Our firm’s fees in such cases are on contingency – meaning, there is no attorney’s fee charged unless we recover benefits on your behalf. The amount of any fee is determined by the Workers’ Compensation Commission.