How Long Does Workers Compensation Last In Maryland?

In Maryland, the length of workers' compensation can vary from a few weeks to many years.

This can vary widely depending on several factors, including the type of injury, the severity, and the nature of the benefits being received.

Understanding these variables is essential for anyone navigating the workers' compensation system in Maryland.

How is the Duration of Workers' Compensation Determined?

The duration of workers' compensation benefits in Maryland is influenced by several key factors:

Severity of Injury: The more severe the injury, the longer the duration of benefits. For example, a minor injury may only require a few weeks of TTD benefits, while a severe injury could necessitate years of support.
Type of Benefit: Different types of benefits have different duration limits. For instance, TTD benefits are generally capped, whereas PTD benefits may continue indefinitely.
Recovery Progress: The worker's progress in recovery plays a significant role. If a worker reaches MMI quickly, their benefits may end sooner than for someone whose recovery is slow or complicated.
Role of the Workers' Compensation Commission: The Maryland Workers' Compensation Commission oversees the administration of benefits and may intervene to determine or adjust the duration of benefits based on the worker's condition and other factors,

Types of Workers' Compensation Benefits in Maryland

In Maryland, workers' compensation benefits are categorized into several types, each with its own rules and duration:

Temporary Total Disability (TTD) Benefits: These benefits are provided to workers who are temporarily unable to work due to their injury. TTD benefits typically replace a portion of the worker's average weekly wage until they can return to work or reach Maximum Medical Improvement (MMI).
Temporary Partial Disability (TPD) Benefits: If an injured worker can return to work but at a lower wage or fewer hours, they may be eligible for TPD benefits. These benefits cover the difference between the worker's pre-injury earnings and their current earnings.
Permanent Partial Disability (PPD) Benefits: Once a worker has reached MMI but still suffers from a permanent impairment, they may qualify for PPD benefits. The amount and duration of these benefits depend on the nature and extent of the disability.
Permanent Total Disability (PTD) Benefits: PTD benefits are provided to workers who are permanently and totally disabled, meaning they cannot perform any type of work. These benefits often continue for life or until the worker reaches retirement age.
Medical Benefits: Workers' compensation also covers all reasonable and necessary medical expenses related to the injury. There is no time limit on medical benefits as long as the treatment is directly related to the work injury.
Vocational Rehabilitation: In cases where a worker cannot return to their previous job due to the injury, they may be eligible for vocational rehabilitation services. This includes retraining, job placement assistance, and other services to help the worker find new employment.

Temporary vs. Permanent Disability Benefits: Duration and Differences

Understanding the difference between temporary and permanent disability benefits is crucial for predicting how long workers' comp will last:

Temporary Disability Benefits: These are intended to support the worker during their recovery. TTD benefits usually last until the worker is medically cleared to return to work or reaches MMI. However, Maryland law does place caps on the duration of TTD benefits, typically up to a specified number of weeks, depending on the injury.
Permanent Disability Benefits: Once a worker reaches MMI and has a lasting impairment, they may transition to PPD or PTD benefits. PPD benefits are often calculated based on a specific schedule of injuries, with each type of injury corresponding to a certain number of weeks of benefits. PTD benefits, on the other hand, may continue for life, providing long-term financial support.

What Happens When Workers' Comp Benefits End?

When workers' compensation benefits are set to end, it can be a stressful time. Here are steps that workers can take:

Reviewing the Case: It's essential to ensure that all medical records and evaluations are up-to-date. If the worker believes they have not reached MMI, they may seek a second opinion.
Possible Extensions or Alternatives: In some cases, workers may qualify for an extension of benefits or transition to another type of benefit, such as Social Security Disability Insurance (SSDI).
Impact of Reaching Maximum Medical Improvement (MMI): Once MMI is reached, the focus shifts from temporary benefits to assessing any permanent disability. At this point, the worker may be eligible for a settlement or PPD benefits.

Can You Settle Your Workers' Comp Claim?

Settling a workers' compensation claim is an option that many workers consider. Here's what you need to know:

Types of Settlements: There are two primary types of workers' compensation settlements in Maryland: full and final settlements and stipulation agreements. A full and final settlement closes the case entirely, often with a lump-sum payment, while a stipulation agreement allows for ongoing medical treatment while closing the wage-replacement aspect of the claim.
Pros and Cons: Settling a workers' comp claim can provide immediate financial relief, but it also means giving up the right to future benefits. It's crucial to weigh these factors carefully and consult with an attorney.
Impact on Benefits: Once a settlement is reached, the duration of benefits is typically set in the agreement, meaning the worker will no longer receive ongoing payments.

Legal Advice and Representation

Navigating the complexities of workers' compensation can be challenging, especially when it comes to understanding the duration of benefits. Consulting with an experienced workers' compensation attorney is highly recommended. An attorney can help you:

Maximize Your Benefits: Ensure that you receive all the benefits you're entitled to and that they last as long as necessary.
Navigate the Legal Process: Handle paperwork, negotiations, and any disputes with the insurance company or employer.
Explore Settlement Options: Provide advice on whether settling your claim is in your best interest.

Conclusion

Understanding how long workers' compensation lasts in Maryland is essential for anyone recovering from a workplace injury. The duration of benefits depends on several factors, including the type of benefit, the severity of the injury, and the worker's progress in recovery. While temporary benefits provide short-term relief, permanent benefits offer long-term support for those with lasting impairments. If you're facing the end of your benefits or considering a settlement, it's crucial to seek legal advice to protect your rights and secure your financial future. For personalized guidance and assistance with your workers' compensation case, contact Shultz Legal today. Their experienced team can help you navigate the complexities of workers' compensation and ensure that you receive the compensation you deserve.