Injuries and illnesses are never any fun. But when they happen at work, they can be a nightmare. Unfortunately, in the state of Maryland, not all injuries and illnesses are covered by the Workers’ Compensation Law. For instance, contracting a cold at work is not a qualifying illness, and slipping off of the property while grabbing lunch is not a compensable injury.
Maryland Workers’ Compensation Law covers “accidental, singular personal injury arising out of and in the course of employment.” Also, proof of a disease caused by your job can also qualify.
Let’s go over what this means for qualification.
Injuries and Occupational Diseases
According to the Workers’ Compensation Commission of Maryland: “If there is an employer-employee relationship between the worker and their company, the next factor considered is if the injury was an accident. An accidental injury is one that happens “by chance or without design, taking place unexpectedly or unintentionally.” The exception is occupational illnesses, which “are illnesses caused by the nature of the circumstances surrounding the worker’s job.”
So, in order to qualify for workers compensation, the compensable injury (or illness) must:
- occur to an employee (you must have been working for the company).
- be an accident
- if it’s an illness, it must be caused by the nature of the job
These are the basic guidelines. However, there’s more.
What it means to “Arise out of” and “Arise in the Course” of Employment
These are two very important qualifications. A compensable injury or illness arises out of employment if:
- The work conditions of the employee are the cause of the injury or illness.
- The injury was caused by a singular event.
The injury or illness must have also arisen in the course of employment, which means:
- The employee was on work property (either the place of business, or a designated place of work) when the injury or illness occurred.
This is why accidents that happen on break at the restaurant do not qualify for workers’ compensation.
Also, if you work as someone who lifts boxes, and suddenly injure your back lifting a box, this would be covered by workers’ compensation. However, if you are lifting boxes all day, and at the end of the day your back is sore, that would not be covered.
Finding a Workers’ Compensation Attorney in Maryland and Virginia
Jenkins Block and Associates has over 43 years of combined experience assisting clients in their workers’ compensation claims in both Maryland and Virginia. With four office locations throughout both states, Jenkins Block & Associates is well-positioned to meet your legal needs.
If you have any questions about workers compensation or prefer to talk on the phone, CALL US at 1-800-243-2439 to be directed to the closest Jenkins Block & Associates location to you.