Hagerstown Maryland Workers' Compensation for Police Officers: Comprehensive Guide to Benefits and Protections

Maryland workers’ compensation laws provide additional benefits to law enforcement officers due to the heightened risks associated with their work. These additional benefits recognize the importance of law enforcement and the sacrifices officers make to protect our communities. There are two main categories of additional workers’ comp benefits provided to police officers in Maryland:

Second Tier Rates for Permanent Injuries

When a Maryland police officer suffers a permanent work-related injury, the compensation they receive is often higher than what an average Maryland worker would receive for the same injury. This is because permanent injury awards for police officers are automatically calculated at a second-tier rate.

Maryland workers’ compensation law uses a predetermined formula to determine the value of a permanent partial disability claim. This formula involves the officer’s permanency rating, the number of weeks applicable to the injured body part, and the State Average Weekly Wage (SAWW). The Maryland Workers’ Compensation Commission provides a permanent partial impairment table that assigns a certain number of weeks to specific body parts, such as:

• Thumb: 100 weeks
• Fingers: 25-40 weeks
• Big Toe: 40 weeks
• Other Toes: 10 weeks
• Hand: 250 weeks
• Arm: 300 weeks
• Foot: 250 weeks
• Leg: 300 weeks
• Eye: 250 weeks
• Hearing: 125 weeks/ear
• Other Cases: 500 weeks

For example, if a police officer injures their foot (with a max compensation of 250 weeks) and receives a 10% permanency rating, the compensable weeks applied to their award would be 25 weeks.

To calculate the final compensation, the number of compensable weeks is multiplied by a portion of the officer’s average weekly wage, which cannot exceed the capped portion of the SAWW. The portions depend on the number of compensable weeks and are categorized into three tiers:

• First Tier: Less than 75 weeks – 1/3 of the average weekly wage, not to exceed 16.7% of the SAWW or $176/week.
• Second Tier: 75 to 249 weeks – 2/3 of the average weekly wage, not to exceed 1/3 of the SAWW or $350/week.
• Third Tier: 250 or more weeks – 2/3 of the average weekly wage, not to exceed 75% of the SAWW or $788/week.

For injuries occurring in 2021, these rates apply, but if the injury occurred before 2021, the applicable rates from that year will be used.

Presumption of Occupational Diseases

The presumption of occupational diseases applies to specific medical conditions that Maryland law enforcement officers are at a higher risk of contracting. Section 9-503 of the Maryland Labor and Employment Code lists the injuries entitled to presumptions for injured law enforcement officers.

For Maryland police officers, the occupational disease presumptions apply to hypertension (high blood pressure) and heart disease. When this presumption applies to a workers’ compensation claim, it is assumed that work-related conditions caused the officer’s injury. The employer or insurance carrier must prove that the disease resulted from a non-work-related cause to overcome this presumption, effectively shifting the burden to the employer or insurance carrier.