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Contact Information:

Law Office
Eric M. May, P.C.
Of Counsel with
Ashcraft & Gerel, LLP
1825 K Street, N.W.
Suite 700
Washington, D.C. 20006

E-mail: emay@ashcraftlaw.com

Phone: 202-822-8264
Fax: 202-416-6392

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Disability Benefits Available

Temporary total disability – when the worker is disabled and unable to return to work, benefits are two-thirds of the average weekly wage subject to a cap in each jurisdiction. Under present laws, the benefits are tax-free. Under Virginia law, unless there is a catastrophic injury such as paralysis or brain injury, total benefits are capped at five hundred (500) weeks.

Temporary partial disability – when a worker is able to return to work on a part-time basis or is able to return to less demanding work at lower pay than the original job, then in the District of Columbia and Virginia, benefits are due for two-thirds of the difference between the two jobs. In Maryland, the benefits paid are one-half the difference between the earnings before and after the injury.

Permanent partial disability – when there is a permanent disability to a part of the body, benefits may be payable for the ongoing problem. In D.C. and Virginia, the calculation is based on the compensation rate used for temporary total disability benefits. In Maryland, the compensation rate is based on a schedule published by the Maryland Workers’ Compensation Commission.

Permanent total disability – paid when a worker is permanently unable to return to any employment within his/her physical capacity as a result of the work-related injury. It does not mean that one is bedridden or wheelchair bound, but is unable to obtain employment based on the medical condition, age, education and vocational background. In Virginia, there is a limit of five hundred (500) weeks total, unless there is a catastrophic injury as set forth in the law.

Death benefits are available for workers who are killed on the job or die from complications of a job-related accident. There are no benefits for grief, loss of companionship, or loss of services.