Skip to Main Content

Maryland Workers' Compensation. I Cant Work at All. Temporary Total Disability

Temporary Total Disability. This is supposed to be the most straightforward benefit available in the worker's compensation system. On its face, nothing would seem simpler.

If the doctor has told an injured worker they cannot work at all in the wake of their injury, that injured worker is considered temporarily totally disabled, and is entitled to benefits.

That person is then supposed  to  receive 2/3 of their average pre-accident earnings. Nothing could be more straightforward? Nothing could be less complicated? No one has to hire an attorney to to figure this out. It's a doctor's note, and simple math.....

Enter the workers' compensation insurance company. 

I've battled with insurance companies in countless cases on these contested claims involving the seemingly uncontested situation in which a persons doctor says they cannot work due to their injury. The reasons to contest the claims are as boundless as the creativity of the adjuster involved, but some of the most common include:

  • No accident. The accident did not happen, or, the injury was not accidental.
  • Pay a doctor to say something different. In almost every workers' compensation case, the insurance company is going to hire a doctor to give opinions favorable to their position. In this instance, the opinion would be that the injured worker really can work.
  • MMI. The concept of maximum medical improvement is a significant one in workers' Maryland Workers' Compensation. I Cant Work at All. Temporary Total Disability - Personal Injury Lawyer Baltimore: Maryland Criminal Defense Attorney | Eric T. Kirk - maryland_workers_compensation_lawyer_90compensation. The most significant is that is operates as a cut-off for temporary benefits. So, if an insurance company doctor states the person was reached MMI, and this position is accepted, there are no more temporary benefits. 
  • The disability is related to every prior accident, the age of the worker, or disease known to mankind, and, well, related to everything imaginable,except of course, the workplace injury.  

If you've been denied temporary disability, it really is vital that you consult with an experienced worker's compensation attorney. These are not the types of cases that unrepresented worker's typically win. Make no mistake about this. The workers' compensation insurance industry is not regulated by the Maryland Insurance Administration. The industry as a whole denies thousands of cases a day. Once these claims have been denied in whole or in part, these insurance companies hire some of the finest, most able, most respected workers' compensation attorneys in this region to defend their denials in court. 

     -This Article was updated by Eric Kirk on 5/13/20.

I offer to personally meet with any worker who has sustained an on the job injury. I offer a free legal analysis of and legal opinion regarding the claims during an initial strategy session. Feel free to contact me today. 410 591 2835. 

Take Advantage of Our
Reduced Fee Program
Keep a greater percentage of your judgment or settlement by taking advantage of our Reduced Fee Program. You experience no up-front out-of-pocket costs and get to keep more money in your pocket following your case.
Proudly Committed to Serving
my Clients Since 1994
  • Mr. Kirk was very responsive, efficient and knowledgeable at onset. Mr. Kirk kept me abreast of every movement during my cases tenure and gave what I thought was great advice throughout the entire process. I highly recommend him to anyone needing honest, effective and immediate legal services. Cite Spacer R.S. Baltimore, MD
  • I couldn’t of asked for a better lawyer, Mr. Eric Kirk was OUTSTANDING. When I needed advice he answered quickly, when I was frustrated he understood and he help me figure things out. Not only is he a great lawyer but he’s also a great man & his vibe is amazing. He cares about his clients and he goes above & beyond to help them out. He settled my accident case in a short 3 months, and he got me a great amount. More than I expected. He is now my lawyer for life, I would recommend him to any and everyone. I appreciate doing business with you Eric. Cite Spacer A.A. Baltimore, MD
  • Thank you Eric Kirk for your superb handling of my Worker's Compensation Case. You were very thorough and took the time to understand me and what I was experiencing, working with me side-by side. You were recommended to me by a satisfied prior client and I would recommend you 100%. Thanks again for a job well done. Cite Spacer K.G. Baltimore, MD
Read More Testimonials