Workers’ compensation covers more than 130 million jobs across the United States. According to the Bureau of Labor Statistics, “Private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022, up 7.5 percent from 2021.” Many of the injuries covered by workers’ comp are in the health care, construction, manufacturing, retail, and wholesale industries.
Unfortunately, some on-the-job injuries are so severe that they lead to permanent disabilities. In the worst cases, individuals may never be able to return to work.
Dealing with all the legal and insurance issues involved in a permanent disability claim can be overwhelming and exhausting. A Baltimore permanent disability lawyer represents people who have been permanently injured in workplace accidents. So, if this describes you, consider reaching out to us at Belsky & Horowitz, LLC for competent legal representation in your workers’ compensation claim.
Determining if Someone Is Permanently Disabled
To determine if you will be permanently disabled from your work injury, you will need to know your maximal medical improvement (MMI). Your MMI, which will be established by your doctor and based on your recovery, is defined as the point where your condition is no longer expected to improve.
The amount of time it takes to reach your MMI varies greatly. It will depend on the nature of your injury and what your recovery process looks like. Most MMIs are met anywhere from a month to a few years after the initial injury.
Once you stop improving, the process to decide if you are permanently disabled will begin.
Some examples of permanent disability could include:
- Spinal cord injuries resulting in paralysis
- Limb amputations
- Traumatic brain injuries leading to cognitive impairments
- Severe musculoskeletal disorders causing permanent limitations in mobility and function
Most often, your doctor will be able to say whether you have a lasting medical condition or an impairment after you go through a series of determining tests. In Maryland, permanent disability is separated into two categories – partial and total.
The possible benefits are established by the Workers’ Compensation Commission. You can expect your Baltimore permanent disability lawyer to go into great detail about these during your initial, no-risk, no-obligation case review with them.
Permanent Partial Disability
Permanent partial disabilities are more common than permanent total disabilities. With PPD, you may still be able to function at work, but not to the capacity you once were able to. You’ll know if this applies to you if your doctor clears you for work with certain limitations.
You may be allowed to go back; however, you may only be able to do sedentary work or have to refrain from reaching or standing for long periods.
Common examples of Permanent Partial Disability (PPD) include:
- Partial loss of sight or hearing due to injury or illness.
- Injuries resulting in partial loss of movement or sensation in limbs or extremities.
- Permanent pain due to chronic conditions such as back injuries or repetitive stress injuries.
- Permanent impairment of joints such as knees, shoulders, or wrists, affecting mobility and function.
- Permanent impairment of nerves resulting in partial loss of sensation or movement.
- Respiratory conditions due to injury or exposure to hazardous substances.
In Maryland, you are entitled to compensation for a PPD. This compensation is expressed in weeks. Depending on where your injury is located will determine your compensation. Established Maryland workers’ compensation rates tables will tell you what you’re entitled to, which is typically 33 to 66 percent of your weekly wages.
The injuries are broken down into tiers. First-tier injuries are considered minor and are entitled to less than 75 weeks of compensation. The second tier allows for 75 to 249 weeks of compensation. The third and final tier is for the most serious of injuries and allows for 250 or more compensable weeks. For example, if you had a construction accident and required an arm amputation, you would be entitled to 300 weeks of your average weekly wage. There are minimums and maximums in place for each tier.
According to the Social Security Administration, its benefits are not offered for partial disabilities.
Permanent Total Disability
Permanent Total Disability (PTD) benefits are meant for those who suffer permanent impairments as the result of a workplace injury. In Maryland, this includes the loss of both arms, both eyes, both feet, both hands, both legs, or the combination of any two of the following: an arm, eye, foot, hand, or leg.
The difference between a PPD and a PTD is that with the latter, you are completely disabled and, as a result of your workplace injury, are unable to work at all. Workers’ compensation benefits for a PTD will equate to two-thirds of your previous average weekly wage, up to $1,094.00.
With a total disability, you may also qualify for Social Security benefits. To qualify, you must meet certain earning requirements. These requirements have to do with how old you were at the time you became disabled and whether you worked long enough under Social Security.
For example, if you become disabled at 38, you generally need to have worked for at least four years before qualifying for benefits.
It’s also important to note that permanent disability benefits may not last for your entire life.
Navigating Your Right to Disability Benefits
At Belsky & Horowitz, LLC, we serve clients throughout Maryland. We have a successful track record handling both temporary disability and permanent disability claims and are ready to advocate for you in the legal process.
Each Baltimore permanent disability lawyer on our team strives to provide each client with the personalized, hands-on representation they deserve. Based on your injuries and final disability diagnosis, we will help you understand what you are entitled to and what the likely outcome of your workers’ comp claim is.
Please contact us today to schedule your free consultation so we can get to work for you if you hire us.
