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Basic Workers Compensation Scheme
There are many possible claims that can be made depending upon the facts of each case. They may include (a) disability payments ; (b) medical treatment and expenses ; (c) vocational rehabilitation. All disability payments in Workers Compensation cases are based upon your average weekly wage. The computation of your average weekly wage requires an examination of all of your benefits and can be a very complicated area to compute.
(a) Disability payments
There are four different types of disability payments.
Temporary Total Disability is a temporary payment made to the injured worker during the injured workers recovery period. These payments are usually made when the injured worker is unable to work and are made until the injured worker has reached maximum medical improvement. The rate of pay for temporary total disability is 2/3 of the claimant's average weekly wage not to exceed the maximum rate for that jurisdiction.
Temporary Partial Disability is a temporary payment made to the injured worker when the injured worker is able to return to work on a part-time basis but is still partially incapacitated. The injured worker is entitled to half of the difference between the average weekly wage before the injury and the average weekly wage after the accident not to exceed the maximum rate for that jurisdiction.
Permanent Partial Disability is a payment made to the injured worker for the permanent injury to the body of the injured worker from the accident. The amounts of permanent partial disability to be paid vary from jurisdiction to jurisdiction depending upon the body part injured and the severity of the injury and can include payments for actual wage loss.
Permanent Total Disability is a payment made to the injured worker for the total disability created by the injury. These payments are paid for the entire time that the claimant is permanently totally disabled from work.
Death benefits for workers who die as a result of a work related accident can be paid to the surviving dependents of the deceased worker. There are specific requirements that will determine the amounts of money to be paid for death benefit cases. Please contact one of our experienced workers compensation attorneys to discuss the death benefits as they apply to Maryland and the District of Columbia .
(b) medical treatment and expenses
All related medical treatment should be paid for by the insurance company. The injured worker should not be responsible for a co-pay or other related medical charges. The injured worker should be reimbursed for mileage, prescriptions and other related medical charges.
(c) vocational rehabilitation
When an injured worker is unable to return to their pre injury job because of their disability from the accident, the injured worker may make a claim for vocational rehabilitation. The employer would be responsible for the costs of the rehabilitation whether including on the job training, job placement, vocational testing, resume and interview services and continuing payment of wages during the period that the claimant is in vocational rehabilitation.
The legal information on this site is not intended to be legal advice. Contact one of our experienced workers compensation attorneys or lawyers today to get specific information and answers for your specific situation.
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