Personal Injury Firm Serving Maryland & DC for Over 30 Years
Eligibility

Workers’ Compensation Eligibility

Maryland Workers’ Comp Lawyers

Workers who are injured while on the job in Maryland are eligible for workers’ compensation coverage if their injuries meet the requirements of Maryland workers’ compensation laws. Not all workplace injuries are covered by workers’ compensation, but workers may be covered if their injuries meet certain requirements.

Accidental Personal Injury or Occupational Disease

In order to be covered by workers’ compensation, a worker has to suffer an “accidental personal injury.” Injuries inflicted intentionally, either by the worker or by someone else, aren’t covered by workers’ compensation. However, a worker who is intentionally injured by another person may have a civil or criminal case against that person and be able to recover damages in that way. In addition, the injury has to be a personal injury. Property damage generally is not covered by workers’ compensation.

An exception to the “accidental personal injury” requirement in Maryland is the “occupational disease” requirement. Some workers suffer diseases after years of exposure to certain chemicals or conditions, instead of being injured in a specific accident. For instance, workers who handled asbestos as part of their jobs may suffer from mesothelioma, a type of cancer that is often triggered by long-term asbestos exposure. Even if a particular accident didn’t cause the damage to a worker’s health, the worker may still be eligible for workers’ compensation if he or she has an occupational disease.

Arising “Out Of” Employment

Next, an injury must arise “out of” a worker’s employment to be covered by workers’ compensation. The “out of” employment requirement looks at what the worker was doing when the injury occurred. If the worker was performing a duty he or she was hired to perform, workers’ compensation may cover the injury. For instance, a worker hired to file paperwork may be covered by workers’ compensation if a defective filing drawer slams shut on his or her hand while he or she is filing papers, because this injury arose “out of” the employee doing a task he or she was hired to do.

Arising “In the Course of” Employment

In addition to the “out of” employment requirement, an injury must also arise “in the course of” employment in order to be eligible for workers’ compensation coverage. The “in the course of” requirement looks at the time, place, and circumstances of the accident. For instance, in the above example, the worker whose hand was injured by a defective file drawer while he or she was filing papers may be eligible for workers’ compensation if he or she was filing during normal working hours in the assigned office. If the filing was being done during off hours in a different office and wasn’t required or expected, however, the worker may not be eligible for workers’ compensation coverage.

Location

Finally, in order to be covered by Maryland workers’ compensation laws, the injured employee must have been hurt or contracted an occupational disease within Maryland or while working for an employer located primarily in Maryland. Workers who primarily work outside Maryland for employers located outside the state may not be covered by Maryland workers’ compensation laws, even if they are hurt while passing through or temporarily being in the state. However, these workers may be able to seek workers’ compensation coverage from their employers in the states in which they usually work or their employer’s principal place of business is located.

Helping You Focus on Recovery

Alpert Schreyer Poe, LLC’s experienced attorneys are dedicated to helping injured workers get the benefits they need, so they can focus on healing. To discuss your situation with us and learn more about your legal rights and options, contact us today at (301) 812-4777, or fill out our free online form.

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Our victories

Real Results, Real Recoveries
  • $2,600,000 Jury Verdict for Road Hazard in Baltimore City
  • $2,000,000 Collision with Commercial Vehicle
  • $1.8 Million Car Accident Verdict

    Prince Georges’ County firefighter awarded $1.8 million dollars from State Farm for permanent damage to her wrist in a car crash.

  • $1,200,000 September 11 Attack in Pentagon, Arlington Virginia
  • $1,100,000 Collision with Underinsured Driver
  • $1,100,000 Drowning Settlement
  • $1,100,000 Hydraulic Lift Failure
  • $1,000,000 Wrongful Death Insurance Coverage
  • $800,000 Tow Truck Crash in Waldorf
  • $750,000 Prince George’s County Tractor Trailer Crash
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Why hire our firm?

Representation. Results. Recovery. 
  • Experienced Guidance

    We have over 30 years of experience serving injured clients across Maryland and DC.

  • Concierge Level of Service

    We are willing to visit injury victims at their homes if they are severely injured or bereaved.

  • No Upfront Fees

    We are so confident in our abilities that we do not charge a legal fee unless you receive compensation.

  • Fearless Advocacy

    We are not afraid to battle any party, whether big or small, both in and out of the courtroom.

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    We commit to staying up-to-date on the latest developments in Maryland injury law.

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    We have a sterling reputation in the community & among our peers in the legal field.

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.