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Not all workplace injuries are covered by workers’ compensation

On Behalf of | Jul 28, 2022 | Workers' Compensation Defense |

As an employer, you look out for the well-being of your workers and aim to prevent injuries in the workplace. And, while accidents will happen, not every workplace accident is covered by Maryland’s workers’ compensation system. If the accident is not covered, you are not financially responsible for the incident.

When is an injury not covered by workers’ compensation?

To be eligible for workers’ compensation in Maryland, the worker must have suffered an injury. This injury must have been an accident. If the worker injured themselves on purpose, they cannot pursue workers’ compensation.

In addition, to be eligible for workers’ compensation in Maryland the worker’s injury must “arise out of employment.” This means that they are injured performing duties you require them to perform. The injury must arise from a job-related risk or danger. You are not responsible for workers who are injured in ways that are not related to their job.

A worker’s injury must also have come about within their “course of employment.” This refers to the time, location and circumstances of the incident that led to the injury. You are not responsible for injuries that take place outside of work hours, at a non-job-related location or in circumstances that have nothing to do with the worker’s job.

You may not be responsible for all injuries

Workers’ compensation can cover many types of accidents that occur in many ways and in many locations.  However, just because an injury occurred does not mean that, as an employer, you are responsible for the injury. If your worker does not meet all the elements of a valid workers’ compensation claim, you are not responsible for paying benefits.