Specific Language in Maryland Workers’ Compensation Law You Should Know

            In Maryland, in order for an injury to be covered by workers’ compensation, the harm suffered by the employee must have been caused by an “accidental personal injury arising out of and in the course of employment.”  In many cases, just because an employee is hurt while at work does not mean that you are automatically entitled to workers’ compensation under Maryland law. 

            

            It is important to understand what this language means in order to determine if you have a viable workers’ compensation case in Maryland.  “Arising out of employment,” as it relates to workers’ compensation, means that while you were performing required work duties, you suffered an injury.  This language in the law is meant to protect employers from being held liable for injuries that result from activities not part of required duties.

            

           “Arising in the course of employment,” as it applies to workers’ compensation law takes into account the time, place, and circumstances of the injury.  Therefore, if an employee is injured during the time he or she is at work, it occurs at the employer’s place of business or other designated location, and it is while employee was performing job duties, then it is likely that you will have a viable workers’ compensation claim.

            

            Another aspect of the language of Maryland’s workers’ compensation law is the coming and going rule.  The general rule in workers’ compensation law is that injuries sustained while coming and going to and from work are not compensable.  The rationale behind this rule is that the risks workers are exposed to while traveling to and from work do not arise out of and in the course of employment, as these risks are borne by the general public daily.  This general rule, however, is not without an exception.

The “premises exception” to the coming and going rule provides that an injury sustained by a worker who has arrived on her employer’s premises, but has not yet begun her shift, is compensable.  Maryland courts have held that the parking lot of an employer’s business constitutes “premises” for purposes of this rule.

If you or someone you love has sustained a work injury in Maryland, or would like more information on workers' compensation, please call us at (301) 854-9000 for a free consultation or visit us online at: http://www.portnerandshure.com/Workers-Compensation/

Describe Each of the Benefits

Here we outline the differences between temporary and permanent benefits, as well as total and partial disability benefits under the Maryland Workers’ Compensation Act:

   1.      Temporary Total Disability Benefits

If an employee’s injury results in the person being completely disabled for all work purposes, the employee may receive temporary total disability benefits.  If this period of disability or “healing” is fourteen days or less, the benefit payments are not allowed for the first three days (except for payments for hospital, nursing, or other medical services).  If the “healing” period is longer than fourteen days, then the compensation is allowed to be paid immediately.

   2.      Temporary Partial Disability Benefits

These benefits are intended to replace, in part, some of the income being lost during the period of not working.  These benefits may be paid to an employee who is not totally disabled during the recovery period and is still able to perform some work duties at a lower wage.  The employer or its insurer pays the covered employee compensation equaling half of the difference between average weekly wage of employee before injury and the average wage after injury while temporarily disabled.  The average Maryland weekly wage is calculated every year by the Department of Labor, Licensing, and Regulation.  Benefits to covered employees can never be less than $50 per week.

   3.      Permanent Total Disability Benefits

      In Maryland, the loss of any of the following is considered a permanent total disability: both arms, both eyes, both feet, both hands, both legs.  In addition, the loss of any two of the following constitute a permanent total disability: an arm, eye, foot, hand, or leg.

   4.      Permanent Partial Disability Benefits

Injuries that result in a permanent impairment, but are not as severe as to leave a worker totally disabled, are covered by permanent partial disability benefits.  Benefit payments for permanent partial disability continue for a certain period of time that is determined by which part of the body is injured.  For example, the loss of a vital body part such as the thumb will result in longer payout periods than the loss of a pinky finger.  Once the period is over, no more payments are made.

If you or a family member have been injured or killed in a Maryland work-related accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Columbia or throughout Maryland or visit us online athttp://www.portnerandshure.com/Workers-Compensation/