Maryland Workers' Compensation Terms PDF

State Specific Terms Maryland 1  MARYLAND SPECIFIC TERMS Accidental Injury (A/I) An injury arising out of and in the course of employment. Accident Leave This is paid time off provided by an employer in the event an employee is injured. Accidental Injuries...

State Specific Terms Maryland 1  MARYLAND SPECIFIC TERMS Accidental Injury (A/I) An injury arising out of and in the course of employment. Accident Leave This is paid time off provided by an employer in the event an employee is injured. Accidental Injuries Injuries occurring while at the workplace. Agreement of Final Compromise and Settlement (AFCS) This is the term used to describe a settlement in a Maryland workers compensation case. Auto Award An automatically generated award in each workers compensation claim that is not initially challenged by the Workers compensation Insurance company. Award of Compensation The award of compensation is the decision of the workers compensation Commissioner. This can be compared to a judge or jury verdict. There can be multiple awards of compensation, depending on the unique circumstances of the claim Back Pay Also known as Temporary Total Disability, refers to wages that the injured worker is entitled to while he or she was held out of work by a treating physician. 2  MARYLAND SPECIFIC TERMS (CONTINUED) Causal Connection A question of whether the medical treatment sought is connected to/ caused by the incident Compensability This is the initial determination made in a workers compensation case. Simply put- Is the incident in question a valid claim subject to Maryland laws? Consideration Date The insurance company will have until this date to challenge your workman’s comp case on certain issues. Contested Case This is decided at the relative beginning of every workers compensation case. A c40 will be mailed to the workers comp insurance adjuster which gives the adjuster the option to accept the case and begin paying for lost wages and medical treatment or challenge the case. He or she will decide whether they think the case is valid under Maryland Law. They can challenge the case on the basis of arthritic pre- existing injuries, whether the accidental injury actually occurred, whether the injures sustained are because of the accident or there is some other explanation, is the accident covered under Maryland Workers Compensation law, are they the correct insurance company. Industrial Loss If an injured worker sustains a loss of earning capacity they have suffered an industrial loss which may increase the amount of the compensation awarded by the workers comp commissioner. The term industrial loss is also referred to when an employee injured more than one body part and the impairment is combined by the commissioner. 3  MARYLAND SPECIFIC TERMS (CONTINUED) Jury Trial If an injured worker feels that the Maryland Workers Compensation Commissioner made the wrong decision they may appeal the decision to the proper Circuit Court and request a jury trial. Liberal Construction Often quoted by the injured workers attorney before the commission, “the workers compensation act is to be construed liberally in favor of the employee injured in Maryland.” Loss of earning capacity Is a type of financial award injured workers may receive. It serves to compensate workers for their inability to earn as much as they did or could have before the accident. Lunch Injuries In many scenarios one who is injured on the job while on lunch break, heading to a break, or returning from a break will be entitled to compensation under Maryland workers compensation laws. Medical Expenses A benefit the worker injured in Maryland enjoys under law. Payment for medical treatment, diagnostics, medication, mileage and parking for doctors visits (yes mileage is considered medical). In a few instances obtaining help from a spouse or close loved one qualified as medical treatment and the spouse was able to be compensated. 4  MARYLAND SPECIFIC TERMS (CONTINUED) Modified Award For multiple reasons a workers compensation award can be modified and reissued. Examples: there was an inadvertent mistake by the Workers Compensation Commission, the award was reversed on appeal, mistaken facts by counsel, or if post hearing agreements were made by the attorneys. Nature and Extent The formal language used when issues are filed to obtain a permanent partial disability award. Permanent Partial Disability(PPD, Permanency) Permanent Partial Disability is a designation by the Workers Compensation Commission finding that an injured worker has a partial disability that is permanent in nature. Permanent Total Disability In the most severe of injury cases an employee hurt at work in Maryland may be awarded Perm Total benefits. This is an award of lifetime compensation benefits and medical treatment. Quantum Meruit Latin for what one has earned. In a legal setting a person is entitled to paid for the work they have done. The amount deserved. Often applicable in cases where a Maryland workers Compensation Attorney is discharged by their client and then goes on to hire another comp attorney. The prior attorney is entitled to be paid for the work they have done. 5  MARYLAND SPECIFIC TERMS (CONTINUED) Rate of Benefits Workers comp benefits are calculated according to the code of regulations the commission has drafted. When calculating temporary total benefits the employee is paid 2/3 of their gross weekly wages tax free. This benefit rate is capped at 100% of the state average weekly wage which ordinarily increases annually. For permanent partial disability payments- second tier rates are paid at 2/3 of the injured Maryland workers average weekly wage. This benefit rate is not to exceed 1/3 of the state average weekly wage. For first tier permanent partial disability benefits the rate is 1/3 of the injured employees’ average weekly wage. Subsequent Injury Fund a state agency which, in some workers compensation cases, provides additional compensation to injured workers who have pre-existing medical conditions that affect their ability to work to some degree. The agency was created to encourage employers to hire employees with pre-existing medical conditions by limiting the employers liability. Temporary Total Disability(TTD) The compensation you are entitled to receive for the time you are out and completely unable to work. Temporary partial disability benefits are paid to those injured workers who have rejoined the workforce, but has not yet reached maximum medical improvement. Injured workers who return to work part time, on light duty, or with medical restrictions would meet this definition. Temporary Partial Disability (TPD) Temporary partial disability benefits are paid to those injured workers who have rejoined the workforce, but has not yet reached maximum medical improvement. Injured workers who return to work part time, on light duty, or with medical restrictions would meet this definition. 6  MARYLAND SPECIFIC TERMS (CONTINUED) Thomas Doctrine If a pre-existing condition worsens after the date of the workers compensation accident, the pre-existing condition is not compensable. Uninsured Employers Fund or UEF A fund that is provided by state law and insurers must contribute money to the fund on each permanent partial award issued. The Fund holds these monies for operating costs and potential future liabilities. Employers are required to have workers compensation insurance however occasionally a worker is injured in Maryland and their employer has no workers comp. In the event this occurs, the UEF can be implead into a case and act as the employers insurer. If found liable, the UEF would be required to provide all the benefits that an ordinary workers comp insurer would have to pay. 7 Addendum #2- Link to MD’s WC Administrator Worker’s Compensation Commission https://www.wcc.state.md.us/ 8 Addendum #3- Link to MD’s Worker’s Comp Administrator’s annual report https://www.wcc.state.md.us/PDF/Publications/AR_2022.pdf 9