Workers’ Compensation: What is the “Premises Exception” Rule?

Last month, a Maryland employee was granted her Workers’ Compensation payments in a case that many believed she would not be able to win. The employee in question was walking to work one morning when she was struck by a vehicle in her employer’s parking lot, sustaining injuries to both her head and her knee. Under the Maryland Workers’ Compensation “going and coming” rule, an employee traveling to and from work cannot claim compensation benefits for any injuries sustained during their commute. So how did this woman win her case? Read on to find out more.

 Going and Coming Rule Excludes Some, But Not All, Offsite Employee Injuries

 The general principle of a Workers’ Compensation “going and coming” rule is that the employer is not and should not be held responsible for accidents that lead to injuries when they occur off of the job site. While this rule prevails in many cases, in others, such as the woman’s case mentioned before, there are exceptions that apply and allow employees to collect their due compensation. These exceptions include:

• The Premises Exception. This is the exception that applied to the woman in question’s case and allowed her to collect on her Workers’ Compensation claim. It stipulates that if you as an employee are on the premises of your place of employment (including the parking lot), you are more or less “at work” already and should qualify for benefits if injured there.
• The Special Errands Exception. Another exception that applies to offsite injuries, the “special errands” provision of the law states that if you are asked by your employer to leave the office/jobsite to pick up something or to make an unscheduled delivery, you qualify for compensation for any injuries that occur while your are out.
• The Special Dangers Exception. Some employees have to use a hazardous route to get to work or encounter some special circumstances that heighten their risk for injury. Though the exact nature of the risk plays a role in whether or not this exception can hold up as a part of your claim, it still is counted among these Workers’ Compensation rules

If you were injured offsite and believe your case falls under one of the exceptions to the going and coming Workers’ Compensation rule, consult with an attorney today.

 We have four offices across Maryland and Virginia with trained legal professionals ready to assist you. Please CALL US at 1-800-243-2439 to be directed to the closest Jenkins Block & Associates location to you.