June 5

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Accidental Injuries

By Mark Miller

June 5, 2020


     In Maryland, in order for an injury to be covered under 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.”  Those words from the Maryland statute are VERY important.  Just because a person is hurt “while working,” “on the job” or “at work” may not be enough to qualify.

     An accidental injury is one that happens “by chance or without design, taking place unexpectedly or unintentionally”.

     For a compensable accidental injury claim, the injury must “arise out of the employment”. If the conditions under which the work is required to be performed by the employer causes the worker’s injury, it is said to “arise out of” the employment. The focus of this factor is on the exposure of the employee to risk or danger because of the job requirements.

     For a compensable accidental injury claim, the injury must also “be in the course of employment.”  “In the course of employment” is a slightly different factor.  Here the attention centers on the time, place and circumstances of the injury.  If the injury occurs during the period of time when an employee was at work, the employer’s place of business or such other location as may have been designated by the employer, and while the employee was performing their job duties or something related to them when the injury took place, the injury is said to have arisen in the course of that person’s employment.

     The definitions above were taken directly from the Maryland Workers’ Compensation Commission website.  Although technically correct, these definitions can be confusing and impractical to apply to your situation. 

     To know if the facts of your injury meet the necessary criteria under Maryland law, contact our office today to schedule an appointment to meet with an experienced attorney.  The consultation is free.