FastCounsel

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When accident-related injuries prevent you from working in Maryland, the law provides several pathways to recover your lost wages. Each option has distinct requirements and timelines. Review your situation carefully to determine which applies.

1. Third-Party Liability Claims

If another party’s negligence caused your injuries—such as a distracted driver or a property owner’s unsafe conditions—you can file a personal injury lawsuit. Maryland courts allow recovery for past lost earnings and future wage loss as “special damages.” You must present payroll records, tax returns, and expert testimony on your earning capacity. See Md. Cts. & Jud. Proc. § 3-2A-2 et seq.: law.justia.com/codes/maryland/2010/judicial-procedures/title-3/subtitle-2/.

2. Uninsured and Underinsured Motorist Coverage

If a negligent driver lacks sufficient liability insurance or is uninsured, your own auto policy’s uninsured/underinsured motorist (UM/UIM) coverage can fill the gap. Maryland law requires insurers to offer UM/UIM; you must reject it in writing to decline. You can claim lost wages under this coverage, subject to policy limits. See Md. Ins. Code § 19-509: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ins&section=19-509.

3. Workers’ Compensation Benefits

If your injury occurred on the job or in the course of employment, you likely qualify for workers’ compensation. Maryland’s Workers’ Compensation Act provides two-thirds of your average weekly wage (up to statutory maximums) during your disability period. File within one year of the injury date. See Md. Lab. & Empl. Code § 9-504: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-504.

4. Short-Term and Long-Term Disability Insurance

Private disability policies—often offered through employers—may cover a portion of your wages if you become temporarily or permanently disabled. Review your policy for elimination periods, benefit caps, and proof requirements. Submit medical records and employer forms promptly to avoid delays.

5. Social Security Disability Benefits

If your injuries result in a long-term or permanent disability that prevents any substantial gainful employment, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Approval can take several months; in the interim, consider other benefits. For more information, visit the Social Security Administration: ssa.gov.

Helpful Hints

• Document every missed workday, hours lost, and wage statements.
• Obtain detailed medical records and physician statements.
• Keep a journal of how your injuries affect daily life and earning potential.
• Notify your insurer and employer in writing within required deadlines.
• Consult an attorney early to preserve evidence and meet statute deadlines.
• Explore temporary financial assistance programs (local charities, medical payment plans).