Does your injury qualify for workers' compensation?

If you have been injured on the job in Maryland, you may be surprised to discover that your injury may not be eligible for workers’ compensation benefits. Contrary to what many people believe, not all injuries or conditions are covered under workers’ compensation, unlike some other states where most all workplace accidents are covered. Understanding which injuries do qualify for benefits may help both employees, as well as employers.

According to Maryland’s workers’ compensation law, a workplace injury is only eligible for workers’ compensation benefits if the incident was caused by an unintentional or unexpected incident that occurred while you were on the clock. In addition to these incidents, you may receive benefits if you acquire a condition due to exposure to workplace conditions over time.

The law also lists the following criteria that must be met in order for the injury to be considered eligible for benefits:

  • You must be a true employee of the company and not listed as an independent contractor.
  • Businesses that are categorized as a partnership or sole proprietorship must have elected to carry workers’ compensation insurance, as they are not automatically required to have it.
  • The injury must occur while you are performing your duties. For example, a deli meat cutter may cut his or her hand while using the dangerous equipment.

While every incident has circumstances that are unique to the situation, the Workers’ Compensation Commission will use those guidelines when determining whether your injury or condition is indeed qualified for benefits.

This information is intended to educate and should not be taken as legal advice.

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