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Workers’ Compensation Coverage in Maryland

Workers’ compensation insurance is purchased by Maryland employers to cover the costs of injuries or illnesses workers suffer “out of and in the course of” employment. In order to be covered by workers’ compensation, an injury or illness has to meet certain requirements under Maryland law.

In order to be covered by workers’ compensation in Maryland, an accidental injury must “arise out of and in the course of” the injured person’s employment. Injuries that do not meet this two-part standard are generally not covered by workers’ compensation.

What Are Coverage Requirements?

An injury that arises “out of” employment is one that occurs while the worker is doing the work he or she was hired to do, according to the Maryland Workers’ Compensation Commission. An injury that arises “in the course of” employment looks at the time, place, and circumstances of the injury. For instance, an injury that takes place in the office during normal work hours is likely to be considered “in the course of” employment, but an injury that takes place while the worker is putting in voluntary overtime on work while sitting in a local coffee shop may not.

In addition, an injury must also be an “accidental personal injury” to be covered. Intentionally-inflicted injuries may not be covered by workers’ compensation, whether the worker intentionally inflicted them on him- or herself or they were intentionally inflicted by another person. However, workers who were intentionally injured by another may have the ability to file a civil lawsuit and/or pursue a criminal claim against the intentional injurer.

Does the Location of Injury Matter?

The place the injury occurs and the principal place of business of the employer also affect whether a particular injured employee is covered by workers’ compensation. In Maryland, the injury must either occur within Maryland, or the employer’s principal place of business must be within Maryland.

Workers whose employers are not located in Maryland, but who are injured while temporarily in either place, may not be eligible for Maryland workers’ compensation. However, these workers may be covered by workers’ compensation laws in their employer’s principal place of business.

Disability Coverage

Workers’ compensation in Maryland also covers injuries and illnesses that cause temporary or permanent disability. The disability may be total or partial.

In Maryland, “temporary total disability payments” are available for workers whose injuries keep them off the job for more than three days. These benefits can total as much as two-thirds (66 percent) of the worker’s average weekly wage but cannot be more than the statewide average weekly wage, which is re-calculated each year. Temporary total disability payments are available until you can return to work or until you reach “maximum medical improvement,” whichever comes first.

What Are Non-Workers’ Compensation Benefits?

Disability benefits through workers’ compensation are separate from short-term or long-term disability benefits provided through disability insurance (purchased either by you or by your employer). They are also separate from Social Security Disability (SSD) benefits. If you are disabled by a workplace injury, you may be eligible for some or all of these benefits in addition to your workers’ compensation benefits.

Obtaining the Coverage You Deserve

Understanding workers’ compensation coverage and benefits can be confusing. If you or someone you love has been injured on the job, the dedicated attorneys at Alpert Schreyer Poe, LLC are here to help. We have the knowledge and experience to ensure you receive the benefits you are entitled to.

Call us today at (301) 812-4777 or fill out our online contact form for a free initial consultation.

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SCHEDULE YOUR FREE CONSULTATION If you’ve been injured in an accident, contact us today. Our experienced, tenacious attorneys will help you achieve the best possible outcome in your case.