Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When an accident-related injury prevents you from working, Maryland law provides several pathways to recover your lost wages. Each option has unique eligibility rules, time limits, and documentation requirements.
1. Workers’ Compensation Benefits
If you sustain the injury at work or during work-related duties, you may qualify for Maryland workers’ compensation benefits. Under Md. Code, Labor & Employment §9-501, an injured employee is entitled to wage‐loss compensation after a three‐day waiting period. Benefits typically equal two-thirds of your average weekly wage, subject to statutory maximums. You must report the injury to your employer within 60 days and file a claim with the Maryland Workers’ Compensation Commission.
Learn more: Md. Code, Lab. & Empl. §9-501
2. Personal Injury Lawsuit
If a third party’s negligence caused your accident—such as a distracted driver or a property owner’s unsafe conditions—you can file a tort lawsuit for negligence. In Maryland courts, you must demonstrate duty, breach, causation, and damages. Lost wages qualify as “economic damages.” You generally have three years from the date of injury to file suit under Md. Code, Cts. & Jud. Proc. §5-101.
Filing a personal injury claim often begins with notifying the at-fault party’s insurer. You may negotiate a settlement or proceed to trial. A successful claim can cover past and future lost earnings, medical expenses, and other financial harms.
3. First-Party Medical Payment or Personal Injury Protection (PIP) Coverage
Although Maryland is a tort-based auto insurance state, some drivers purchase optional PIP or medical payments coverage. If you have such coverage, it may reimburse reasonable lost wages up to policy limits regardless of fault. Check your auto policy declarations and submit a claim promptly.
4. Employer-Sponsored Disability Benefits
Many employers offer short-term disability (STD) or long-term disability (LTD) insurance as part of their benefits package. STD usually replaces a portion of weekly wages for up to 12–26 weeks. LTD may kick in thereafter. You must follow your employer’s claim procedures and provide medical proof of total or partial disability.
5. Social Security Disability Insurance (SSDI)
If your injury causes a long-term disability that prevents you from returning to any substantial gainful activity for at least 12 months, you may apply for SSDI through the Social Security Administration. Benefits depend on your work history and covered earnings. The approval process can take several months and often involves medical and vocational evidence.
Learn more: Social Security Disability Insurance
6. Maryland Crime Victims’ Compensation Fund
If your injury resulted from a violent crime, you may be eligible for wage‐loss compensation through the Maryland Crime Victims’ Resource Center. Under Md. Code, Crim. Proc. §11-804, victims can apply for lost wage benefits up to a statutory cap after cooperating with law enforcement.
Learn more: Md. Code, Crim. Proc. §11-804
Helpful Hints
- Document Everything: Keep records of medical visits, employer communications, pay stubs, and accident reports.
- Meet Deadlines: Note filing deadlines—workers’ comp (2 years), personal injury suits (3 years), and crime victims’ claims (1 year).
- Notify Promptly: Report workplace injuries within 60 days; notify insurers within policy timeframes.
- Seek Medical Care: Early treatment strengthens benefit and insurance claims.
- Consult an Attorney: A lawyer can guide you through complex procedures and maximize recovery.