How to claim lost wages from multiple jobs following an injury in Maryland

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

When an injury forces you to miss work at more than one job, you can seek compensation for lost wages through workers’ compensation (for work-related injuries) and/or a personal injury claim (for third-party liability). Follow these steps to protect your rights under Maryland law:

1. Determine the Proper Claim

If the injury occurred on the job, file a workers’ compensation claim with each employer. Maryland law requires each covered employer to provide benefits for temporary or permanent disability under Md. Code, Labor & Employment § 9-503 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=LE&section=9-503).
If a negligent third party caused your injury (for example, in a car accident), you may file a personal injury lawsuit for lost wages under Md. Code, Courts & Judicial Proceedings § 11-110 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=CJ&section=11-110).

2. Collect and Organize Wage Records

Gather pay stubs, W-2s, time sheets or tax returns for each job. Detailed records help you calculate average earnings and prove your losses to insurers or the court.

3. Calculate Your Lost Wages

Compute your average weekly or hourly earnings for each position. Include bonuses, overtime, tips or commissions if your employment agreement regularly included them. If your schedule varied, use a twelve-week or twelve-month average.

4. File Claims Promptly

• Workers’ Compensation: Report the injury to each employer within 30 days. Each employer must then file Form C-1 with the Maryland Workers’ Compensation Commission.
• Personal Injury: File suit within three years of the injury date. Maryland’s statute of limitations is three years per Md. Code, Courts & Judicial Proceedings § 5-101 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=CJ&section=5-101).

5. Submit Proof of Loss

For each claim, attach your wage records with a clear cover letter that describes your roles, scheduled hours before injury and the hours you missed. If you lost future earning capacity, obtain a vocational expert report.

6. Negotiate or Proceed to Hearing/Trial

Workers’ compensation claims usually resolve at an informal conference or hearing. Personal injury claims often settle after you exchange written proof (your “demand package”). If negotiations stall, you can proceed to trial to seek full compensation.

Disclaimer: This article provides general information on Maryland law. It is not legal advice. Consult a qualified attorney to discuss your specific situation.

Helpful Hints

  • Keep copies of all medical records and doctors’ notes detailing time off work.
  • Use a consistent method (weekly or monthly) to calculate earnings across jobs.
  • Note any temporary accommodations or modified duties and related earnings.
  • Track your recovery timeline. Insurers assess lost wages by disability dates.
  • Hire an accountant or vocational expert if your income varies by season or commission.
  • Consult early. Witness memories and documents fade over time.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.