This WC is paid during the period of time frequently referred to as the "healing period". If an injury has resulted in a disability that prevents the individual from returning to work for a period of time (that is, he is completely disabled for all work purposes), then TT WC is paid. TT is based on 2/3 of the average weekly wage of the injured individual, with a minimum of $50.00 per week. TT is terminated when the individual can return to work in some capacity or has reached maximum medical improvement.

This WC is paid when the injured individual can only perform limited or part-time duties at a reduced income level. That is, when their wage earning capacity is lower. The employer or its insurer pays TP WC at 50 percent of the difference between the individual's pre-injury and post-injury average weekly wage. The maximum amount is 50 percent of the TT/PT maximum.

PT is paid at 2/3 of the individual's pre-injury average weekly wage. It is paid for the duration of the disability and may continue indefinitely. ONLY PT WC IS INCREASED BY COLAs.

In addition to their TT, Maryland pays up to $40 per week in “maintenance costs” to individuals in bona fide vocational rehabilitation programs. The maximum period is 24 months. These additional payments are NOT OFFSETTABLE. For more information on vocational rehabilitation payments see DI 52110.005.

The “Subsequent Injury Fund” replaced the prior “Second Injury Fund.” SIF pays WC when a pre-existing health condition substantially increases the disability of the injured individual. The employer/carrier's liability is limited to compensation for the damages caused by the current injury, and SIF incurs all additional liability. The WC Commission decides if SIF is liable for payment of a WC Claim, and the amount and duration of benefits to be paid by them. Payments from SIF normally begin AFTER the completion of the benefit payments paid by the employer/insurer. Following notification of the last day covered by the insurer's payments, SIF begins disbursing its payments. Typically the first check will be for an odd amount to catch up any lapse in payments between the employer/insurer and SIF; then regular biweekly payments are made. Generally, the WC benefits paid by SIF are

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  permanent partial (limited to a certain number of weeks), or

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  permanent total (payments usually for life), or

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  settlement agreements (which can have several varieties). 

These are referred to as Lump Sums (LS). If the WC Commission finds that a lump sum payment is warranted based on the circumstances of a claim, it may order that the PP or PT WC payable be converted to a partial or total lump sum. An award may not be reduced just because it's paid as a lump sum. The parties agree on a dollar sum to be paid immediately and the future ‘life' of the claim. As a result, the claim can be closed out completely or partially. For a partial commutation of a PT award, the Commission:

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  reduces the weekly WC rate until the amount of the lump sum is recovered, and specifies in their award the dollar amount and number of weeks to be paid at the reduced weekly rate; and

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  if payments are made from SIF, the dollar amount and the number of weeks to be paid by SIF at the reduced weekly rate.

Note that in cases of partial commutation, the offset would be based on the reduced WC rate AND the concurrent lump sum proration.

These are referred to as Compromise Orders (CO). The injured individual may enter into an agreement for the final compromise and settlement of any current or future WC claim with the employer, carrier, or SIF. When approved by the Commission, a final compromise and settlement agreement is binding on all of the parties to the agreement. Unless the Commission orders otherwise, the compromise and settlement agreement precludes the right to claim SIF payments on the claim.

Maryland now maintains a website that allows the general public access to WC claims and payment related information without the necessity of signing in to view the database. You need the individual's name, and SSN or Maryland WC claim number. Maryland's WC claim number is always a letter followed by 6 numbers (for example, B123456). See ‘References' below for a link to a user's guide with instructions for accessing MD WC information online and help in interpreting the screens.

Data provided by the website includes carrier and attorney information and some LIMITED information about WC awards that were made. Accurate payment information is usually only available from the carrier and will have to be requested from them. The information online is an overview of the WC awarded and cannot be relied on to impose offset. It is often incomplete and sometimes inaccurate as to rates and attorney fees paid. Also, note that the award dates shown are NOT the date the WC was effective but rather when the award was approved. However, the website database does show the WC awards that were made, and so should be checked before developing to the carrier.

Once you are certain the WC evidence is not already in file, check the WC Resource Page in DI 52140.020 since MD is a State that provides SSA with access to its online records. The value of online records can vary from State to State and some development may still be required. Also included in the WC resource intranet site is a list of individuals in the PC with online access to those individual State records.

2. Injured Workers' Insurance Fund (IWIF) aka Chesapeake Employers' Insurance Company

Formerly the Maryland State Accident Fund, this was the nation's first workers' compensation insurance organization. It became an independent state agency in 1988 and received its current name in 1990. IWIF now operates as a not-for-profit insurer and is the carrier for one in every four Maryland business owners across the state. Although some WC information may be provided to us over the phone, for a written or faxed reply we must provide them with the injured worker's signed consent.

NOTE: Per IWIF website now also known as Chesapeake Employers' Insurance Company https://www.iwif.com, call the Customer Service Center at (410) 494-2000 or toll-free at 1-800-264-IWIF (4943) to obtain the name and telephone/fax numbers for the claims adjuster working your case. Have the claim number or social security number and date of injury available when calling IWIF. Then you can directly fax SSA requests to them. This expedient will assist SSA technicians to quickly obtain needed information. Using the general fax number below may result in delays.

Contact information:

Injured Workers' Insurance Fund aka Chesapeake Employers' Insurance Company

8722 Loch Raven Boulevard

Towson, Maryland 21286-2235

(800) 264-IWIF (4943), (410) 494-2000; General Fax: (410) 494-2201