Understanding Income Replacement Benefits
If you are an employee in the state of Maryland, chances are good that you are covered by your employer’s state-mandated workers’ compensation insurance. Workers’ compensation insurance provides benefits when you are injured on the job. These benefits include things like medical care and full or partial wage replacement while you recover from your injury. This sounds great, so what’s the problem? Well, there’s a few. First, employees are not always aware that they are entitled to these benefits. They may be persuaded not to file a claim, or they may not even be aware that they have the option to do so. This happens a lot because companies save money if they can limit the number of claims being filed and paid out. Second, even if the employee overcomes all possible hurdles in filing a claim, their claim may be denied by the workers’ compensation insurance company. This is common even when the employee submitted a legitimate claim. Ultimately, it comes down to dollars and cents. The workers’ compensation insurance company would likely go out of business if they paid out every claim, so they tend to be pretty generous in their denials. Endurance will go a long way in ensuring that your claim will be paid out, as will having an experienced workers’ compensation attorney on your side to level the playing field and make it clear that you will not be taken advantage of.
When Am I Entitled to Income Replacement Benefits?
First, in order to qualify for any workers’ compensation benefits you must be an employee (not an independent contractor) and your injury must have occurred while on the job or performing work-related duties. Assuming you meet these criteria, then you will be entitled to income replacement benefits if your injury results in a doctor placing you out of work for at least three days.. These payments, known as temporary total disability payments, will be equal to ⅔ of the average of what you were making in gross wages for the fourteen weeks before your accident, however there is a limit. The amount paid to you cannot exceed the average weekly wage in Maryland for the year in which the accident occurred. You will continue to receive the benefits until a doctor releases you to return to work or until you reach the maximum medical improvement. If you have questions about the benefits that you are entitled to, or believe you may have the basis for a valid workers’ compensation claim, it’s important to talk to a personal injury lawyer as soon as possible to determine what your options are.
Schedule a Consultation
If you believe you have a legitimate workers’ compensation claim but your request for income replacement benefits, or other workers’ compensation benefits, has been denied, a Maryland workers’ compensation attorney can help you get the benefits and compensation that you are legally entitled to. Contact the experienced workers’ compensation attorneys at Berman, Sobin, Gross, LLP and schedule a consultation today.