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How much can injured workers earn in lost wages?

| Nov 27, 2020 | Workers' Compensation

Serious work injuries can keep one out of work for a long time while they recover. This time is necessary for workers to rest and heal. Even so, many injured workers worry: how will they support their family if they cannot work?

Thankfully, the answer to that question involves an injured worker’s entitlement to collect workers’ compensation benefits after an injury.

But how much can injured workers expect to receive?

Under Maryland law, while a worker is out of work or their employer is unable to accommodate work restrictions during a healing period, an injured worker is entitled to Temporary Total Disability benefits. These benefits are two-thirds of the injured worker’s average weekly wage, tax-free. Each year there is a State cap to weekly benefits. In 2020 maximum benefit was $1,080.00 per week.

In determining a worker’s Average Weekly Wage, a specific calculation is required:

  • How much the worker was earning in the 14 weeks before the injury;
  • Lodging
  • Per diem pay
  • Schedule bonuses
  • Tips the worker earned, if applicable
  • If the worker started employment recently prior to the accident, the anticipated or contracted wage.

This is merely a brief overview of the factors considered to calculate these lost wage benefits. But it is critical to know that there are guidelines provided under Maryland law (Maryland Code, Labor & Employment §9-602). These guidelines can be complex to understand, and can be applied differently depending on the circumstances. It is often beneficial for workers to consult an experienced workers’ compensation attorney to fully understand the financial compensation they can obtain.

  • AMERICAN ASSOCIATION for JUSTICE
  • AABA
  • MARYLAND ASSOCIATION FOR JUSTICE
  • BAR ASSOCIATION OF BALTIMORE CITY | 1880
  • MSBA | MARYLAND STATE BAR ASSOCIATION
  • MARYLAND CRIMINAL DEFENSE ATTORNEYS ASSOCIATION