To be compensable under the Maryland Workers’ Compensation Act (“the Act”), the general rule is that an accidental personal injury must arise out of and in the course of employment. However, according to § 9-101(b)(2) of the Labor and Employment (“L&E”) Article, “an injury caused by a willful or negligent act of a third person […]Continue Reading
Off-duty Police Officer Injured in Squad Car while running Personal Errands entitled to Workers’ Comp
In Montgomery County v. Wade, 345 Md. 1 (1997), the Court of Appeals of Maryland held that an off-duty police officer incurred a compensable injury while traveling in her personal patrol vehicle (“PPV”), despite the fact the officer was operating her PPV for purely private purposes. The question before the Court was whether such conduct […]Continue Reading
Why are Shoulders Compensated as “Other Cases” Injuries while Hips are Not?
The human body has a head, torso, and upper and lower extremities. The upper extremities are commonly referred to as arms, and the lower extremities as legs. Moreover, the human body is symmetrical; not only with respect to the right and left sides, but also in regard to the upper and lower extremities. Arms are […]Continue Reading
‘Going & Coming’—the Rule and the Exceptions
In Maryland, operation of the Going & Coming Rule precludes workers’ compensation for employees who are injured while traveling to and from work. The rationale for this rule is that employees ordinarily do not further their employer’s interests during their commute, nor do they face any greater risk of harm than other members of society […]Continue Reading
What is a Third-Party Claim?
Though not a lawsuit in and of itself, a workers’ compensation claim may produce a collateral civil action against someone other than the Claimant’s employer. This is commonly referred to as a “third-party claim.” For example, if a compensable injury is caused by a fellow co-worker (non-supervisory), an injured worker may file a claim for […]Continue Reading
Can I file a claim in Maryland if I was injured in another state?
To collect workers’ compensation in Maryland, an injured worker must constitute a “covered employee” within the meaning of the Workers’ Compensation Act. Further, in addition to the presumption outlined in LE § 9-202 (which focuses on the relationship between the employer and employee), an injured worker must also qualify for workers’ compensation benefits under LE […]Continue Reading
Does the Positional-Risk Test trump the Going and Coming Rule?
In Maryland, covered employees are entitled to compensation for injuries that arise out of and in the course of employment, with limited exception. One such exception is the Going and Coming Rule, a hallmark of MD comp law. The Rule generally precludes compensation for injuries incurred while an employee is traveling to and from work. […]Continue Reading
