What Does Maryland Consider a Work-Related Injury?

Suffering an injury on the job is not always cut-and-dried when it comes to having that injury covered by workers’ compensation insurance. Yes, all employers are required to have workers’ compensation insurance for their employees. However, not every company follows the law, and not every injury is considered a work-related injury under workers’ compensation law in Maryland.

In order for an injury to be considered work-related, it must have occurred out of and during the course of employment. For the most part, employees experience injuries on the job. However, there are times when this is not always the case. For example, a Maryland work-related injury can be considered as such even if it doesn’t occur while the employee is physically in the workplace.

On the other hand, not all injuries suffered in the workplace will be deemed work-related. An example of this scenario would be if the employee showed up to work impaired because of drugs or alcohol and suffered an injury, or if an employee suffered an injury in a fight with a co-worker.

There are two rules that often come up when determining whether or not an injury is considered work-related in Maryland:

• The Dual Purpose Doctrine: If an employee experiences injuries while working on something that provides benefit for the employee and the employer, these injuries might wind up being covered.
• The Coming and Going Rule: For the most part, injuries suffered by an employee that occurs when he or she is traveling to and from work are not covered by Maryland workers’ compensation benefits.

What are the elements of Maryland workers’ compensation coverage?

The following elements must be present if you experience a work-related injury in Maryland and wish to receive workers’ compensation benefits:

• You are an employee
• You work for an eligible employer
• You must have suffered an occupational disease or an accidental injury
• Your disease or injury must have been related to your work

The most common disagreements between employees and employers and their insurance companies are that the employee is not an employee and is instead a contractor, or that the disease or injury was not work-related.

How are off-duty injuries handled with workers’ comp?

Even though many people feel like they work around the clock, there is off-duty time built into the regular workweek. In the majority of cases, an injury that occurs to an employee while he or she is off-duty will not be covered under Maryland workers’ compensation insurance. If the employee suffers an injury while taking a short break from work or while traveling for work, that injury might be covered, depending on the circumstances.

How do I file a workers’ compensation claim in Maryland?

An injured employee is required to inform their employer of a work-related injury within 10 days of the injury. The notice must be provided in writing or orally by the employee. The family of a deceased employee must notify the employer within 30 days of the injury. The employee or employee’s family has one year from discovering a work-related disease or condition to inform the employer.

When notifying an employer in writing, the employee must provide the following:

• State their name and address
• Note the time, place, nature, and cause of the injury
• Sign, or have someone sign, on their behalf (if the employee died, a direct dependent of the employee must sign the notice)

The employee is also required to complete and file Employee Claim Form C-1 with a doctor’s report, if available. Almost all injuries that do not result in death allow for 60 days to file this form. Filing after 60 days could potentially bar the claim. Employees who fail to file an accidental injury claim within two years will be forever barred from receiving workers’ compensation benefits for that injury. The family of the employee has 18 months to file this form if the employee dies from their accidental injuries. If an employee dies of an occupational disease, their family has two years to file the form. The family has three years to file the form if the employee died of pulmonary dust disease.

What are the obligations of my employer in a workers’ compensation case?

According to Maryland workers’ compensation law, if an employee misses more than three days of work due to an occupational disease or an accidental injury, the employer is required to file an accident report with the Maryland Workers’ Compensation Commission within 10 days of being informed of the accident.

The employer is required to report a disability immediately to the Workers’ Compensation Commission if it learns that an employee has been disabled because of an occupational disease.

The Maryland workers’ compensation attorneys at Plaxen Adler Muncy P.A. are here to answer all of your questions about work-related injuries. Our team can help you file for workers’ compensation, appeal a denial, or file a lawsuit against your employer. Call our office at 410-730-7737, or complete a contact form today. With offices throughout Maryland, including in Columbia, Dundalk, and Westminster, we are easy to access no matter where you are located.