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/