Types of Disability in Maryland Worker’s Compensation

There are basically four different types of disability considered under worker’s compensation law in Maryland: Temporary Total, Temporary Partial, Permanent Total, and Permanent Partial disability.

Temporary Total

Temporary Total disability represents the healing period. Temporary Total Disability benefits are available when the injury precludes an individual from returning to work at all. So, in other words, an individual is disabled for all work purposes. Temporary Total, at least in Maryland, is often abbreviated as TT benefits. If the disability period is for 14 days or less, then the worker’s compensation payments are not allowed for the first three days of the disability, except for things like hospital bills, funeral expenses, or medical bills.

If the disability period is longer than 14 days, the individual can get the compensation starting from the date of the disability.  TT or Temporary Total Disability payments are calculated as two-thirds of the person’s average weekly wage, which is subject to the state maximum. There is a state maximum average weekly wage that is established by code and changes every year as determined by the Maryland Department of Labor.

TT benefits are defined as two-thirds of the average weekly wage, and those benefits terminate when the worker is no longer totally disabled; in other words, once they can return to work in some capacity or reach maximum medical improvement.It is when an individual is at a point where there is no need for additional medical treatment.

Temporary Partial

Temporary Partial disability benefits are benefits provided when an individual is not totally disabled, but rather, they have a temporary disability that applies when the worker can do light duty or limited duties at work, often at a reduced income level. It is compensation that equals 50% of the difference between the average weekly wage and the earning capacity of someone in that same line of work. The state maximum is 50% of the average weekly wage.

Permanent Partial

Permanent Partial Disability (PPD), in Maryland, is based on the permanent injury of less than 100% of a person’s body. They can file issues as to permanency and then go before a Commissioner at what is called nature and extent hearing where the Commissioner makes a determination as to the Permanent Partial Disability.

PPD benefits are available where the injury is not as serious as to leave a worker permanently totally disabled, but it results in some permanent impairment. The way that it is calculated is basically by statute.  The statute prescribes a certain number of weeks for various parts of the body that are injured. PPD is awarded at a hearing or by reaching an agreement as to the percentage of whole person impairment for the injured body part(s).  That percentage is multiplied by the number of weeks corresponding to the injured body part for a total number of weeks.  That number is then multiplied by the average weekly wage which comes to a total award for the case.

Permanent Total

Permanent Total Disability is when you a person is totally disabled and the condition is permanent. It could be both arms, both eyes, both hands, both legs, or it a combination of any one of the following: the combination of any two arms, an eye, a hand, or a leg. Or any condition which renders the claimant unable to work on a permanent basis.