Lost wage replacement benefits for job injury victims are usually based on the average weekly wage (AWW), which in Maryland is a maximum of $1,388 per week. As outlined below, most job-related injury or illness victims receive two-thirds of their AWW for the duration of their temporary or permanent disabilities.

Also, as outlined below, the AWW calculation is usually complex. The insurance company cannot simply add the last fourteen paystubs together (the AWW calculation period in Maryland) and divide by fourteen.

When insurance companies “accidentally” miscalculate the victim’s AWW, a Waldorf, MD personal injury lawyer from the Law Office of Robert R. Castro works hard to set things right. This hard work usually involves a thorough case evaluation and diligent evidence collection. “Setting things right” usually means strongly advocating for the victim in court.

AWW Calculation Issues

Some workers receive the same amount of net compensation each and every pay period. Generally, however, net pay varies.

Wage reviews are common, especially for new employees. The probationary wage is usually much lower than the regular wage. If Dave got hurt at work the day before his probationary period ended, his workers’ compensation wage replacement benefits should reflect his higher regular income, not his lower probationary income.

Other employees, like retail employees, work inconsistent hours. Overtime opportunities abound in November and December. Once again, if Dave’s injury cauyses his to miss these overtime opportunities, a Charles County, MD personal injury lawyer must adjust his AWW to reflect that loss.

All employees often have irregular income, such as pro-rated performance bonuses. Furthermore, many employees earn non-cash income, such as matching 401(k) contributions.

Temporary Disability Benefits

Most work-related injuries, like slip-and-fall broken bones, are temporary disabilities. In Maryland, temporary disability benefits usually last between three and seven years, mostly depending on the location and severity of the injury. Lost wage benefits may last up to 1,000 weeks (19 years) in some cases.

A brief waiting period usually applies. Typically, if the disability causes the victim to miss more than two weeks of time, the insurance company retroactively compensates victims for the waiting period lost wages.

As they recover, doctors may clear job injury victims for part-time or light-duty work. In these situations, workers’ compensation pays two-thirds of the difference between the higher and lower incomes until the benefit period expires.

Permanent Disability Benefits

Some temporary disabilities become permanent disabilities. For example, Dave may never regain a full range of motion in a broken shoulder. Moreover, many occupational diseases, such as environmental cancer, are permanently disabling.

A “disability” is an inability to work because of a mental, physical, or other such impairment. Disabilities are relative. Dave’s bad shoulder may be permanently disabling if he is a blue-collar worker, but not if he is a white-collar worker.

The two-thirds replacement rule applies in these cases as well. To determine a fair amount of future lost wages, especially in a permanent partial disability case, most attorneys partner with vocational specialists, psychologists, doctors, and other outside professionals.

Permanent disability benefits might also include death benefits. These benefits include not only future lost wage replacement but also out-of-pocket costs for a funeral and burial, at least in most cases.

Rely on a Hard-Working Calvert County Lawyer

Injury victims need and deserve substantial compensation. For a confidential consultation with an experienced personal injury lawyer in St. Mary’s County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.