Can I claim workers' compensation for a lost limb in MD?
Unlike other states, if you lose a limb in a workplace accident here in Maryland, you would not receive a payment for that limb. Instead, you would be eligible for either permanent partial disability or permanent total disability benefits, according to the Maryland Workers’ Compensation Commission.
As with all work injury accidents, you are required to show that the limb you lost was due to a work-related accident. For example, maybe you were running a business errand, your car was hit by a tractor trailer and your foot had to be amputated. Perhaps you lost a finger when you were running a product through a machine in the warehouse. The MWCC points out that you will also have to prove that your accident was just that – an accident. If you were engaged in non-work activity while at a jobsite, then there is a chance that your claim will be denied.
Once you have provided documentation that you lost your limb due to a work-related accident, then the type of benefits paid out to you will depend on the severity of your loss. The loss of a finger or a single eye will usually be counted as a partial disability benefit. This means you will only receive payments for a time period set by Maryland law. This may range from 25 weeks of payments for the loss of your little finger up to 100 weeks for the loss of your thumb.
More serious loss of limbs will put you into permanent total disability. These include the loss of both your hands, arms, eyes, legs or feet. It also applies if you have lost an eye and foot, an arm or a leg or any other combination that adds up to two limbs having been lost. However, every situation is different so this information should not be interpreted as legal advice.