4 Requirements for Workers’ Compensation Claims in Maryland
Workers’ compensation is a legal system that resolves work-related injuries outside of the courtroom. Employees who suffer qualifying injuries can submit a claim and obtain benefits. These benefits help compensate the injured worker for lost wages, medical bills and related costs.
In order to obtain benefits, the injured worker must file a claim with the Maryland Workers’ Compensation Commission (the Commission). Under Maryland law, the Commission reviews workers’ compensation claims and oversees the administration of benefits.
According to a report from the Commission, there are several foundational requirements for workers’ compensation claims under Maryland law, including:
- Workers’ Compensation Claims are Only Available to Employees;
- Workers’ Compensation Claims Must Involve an Accidental Personal Injury;
- The Accidental Personal Injury Must Arise Out of Employment; and
- The Accidental Personal Injury Must Arise in the Course of Employment.
The following sections will provide important considerations for each of the requirements listed above.
- Workers’ Compensation Claims are Only Available to Employees
Maryland law restricts workers’ compensation claims to workers classified as employees. For Maryland workers’ compensation laws to apply, there must be a genuine employer-employee relationship. Workers’ compensation does not include independent contractors, vendors or other agents.
- Workers’ Compensation Claims Must Involve an Accidental Personal Injury
Workers’ compensation claims in Maryland must involve an accidental personal injury. Under state law, the term accidental personal injury includes:
- Accidental Injury — When an employee suffers an accidental injury at the workplace or in the course of employment;
- Negligent Act — When a third party intentionally and negligently injures an employee at the workplace or in the course of employment;
- Occupational Disease — When an employee sustains a disability or handicap at the workplace or in the course of employment; and
- Frostbite or Sunstroke — When an employee sustains frostbite or sunstroke from weather conditions at the workplace or in the course of employment.
- The Accidental Personal Injury Must Arise Out of Employment
To qualify under Maryland workers’ compensation laws, the accidental personal injury must arise out of employment. Stated otherwise, there must be a relationship or link between the injury and employment. If the employee is exposed to dangerous working conditions, then workers’ compensation may cover any accidental injury sustained.
- The Accidental Personal Injury Must Arise in the Course of Employment
Additionally, the accidental personal injury must arise in the course of employment to qualify under Maryland workers’ compensation. This factor relates to the time, place and performance of work duties. If the employee sustained an injury at the workplace or while performing work duties, then workers’ compensation benefits may be available.
Reach Out to Us Today for Help
If you suffered an injury at the workplace or in the course of employment in Maryland, it can be incredibly useful to consult with an accomplished workers’ compensation attorney. The attorneys at Iamele & Iamele, LLP in Baltimore, Maryland, help injured employees file workers’ compensation claims and obtain much-needed benefits. If you need legal help with workers’ compensation, contact us today for a free initial consultation.
Resource:
wcc.state.md.us/
