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
Death Benefits under Maryland’s Workers’ Compensation Act
Death benefits are one of the four types of workers’ compensation benefits in Maryland (the other three being medical expenses, disability benefits and vocational rehabilitation). Death benefits are available to the survivors of a covered employee who dies as a result of a work-related disability. In order for a survivor to qualify for death benefits, […]Continue Reading
Who are Public Safety Employees under the Maryland Workers’ Compensation Act?
Title 9 of the Labor and Employment (“L&E”) Article of the Maryland Code, commonly referred to as a Workers’ Compensation Act (“the Act”), contains several favorable provisions for certain kinds of public safety employees. Most notably, L&E § 9-628(h), which states that qualifying public safety employees shall receive permanent partial disability at least a tier […]Continue Reading
What are “Other Cases” Injuries under the Maryland Workers’ Compensation Act?
Workers’ Compensation awards for permanent partial disability (“PPD”) are based on precise rates of compensation that are predetermined by law and based on the loss of use of a specific body part or the body as a whole. For example, the loss of a hand is valued at 250 weeks of compensation, whereas the loss […]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
How Maryland Courts Interpret Ambiguities in the Workers’ Compensation Act
In Light of its Benevolent Purpose and Remedial Nature, the Act Should Be Interpreted in Favor of the Injured Worker in Instances of Ambiguity. The year 2014 marked the 100th anniversary of the enactment of Maryland’s original Workers’ Compensation Act.[1] Today, the Act is codified in Title 9 of the Labor and Employment Article of […]Continue Reading
What is a Compensable Injury Under the Workers’ Compensation Act?
The Workers’ Compensation Act provides for disability benefits in Maryland. To qualify for such an award, a claimant must be a “covered employee” who incurs a qualifying disability, either by way of an accidental injury or occupational disease. L&E § 9-101. 9-101(b)(1) of the Labor and Employment Article (“L&E”) defines an “accidental personal injury.” In order […]Continue Reading
Can College Athletes Get Workers’ Comp? – The Northwestern Case
History of College Athlete Workers’ Compensation For more than a half-century, college athletes have been unable to collect workers’ compensation for injuries incurred while competing on behalf of their respective universities. The reason for such mistreatment can be traced to a 1950s case where a widow of a college football player who died during a […]Continue Reading
