Can I file a Maryland Workers Compensation claim while on my way to work or on my way home? General Principles Injuries incurred by an employee while going to or returning from the work place do not ordinarily arise out of and in the course of employment, and are therefore not compensable under the Maryland […]
Tag Archives: Accidental Injury
Can I File a Workers Compensation Claim If I Am Injured at A Company Picnics or Company Party?
Can I File a Workers Compensation Claim If I Am Injured at A Company Picnics or Company Party? The answer to this question is that it depends, but more often than not the answer is yes. The Maryland courts rely on 5 key factors. Sica v. Retail Credit Co. 245 Md. 606, 227 A.2d 33 […]
Can I file a Maryland Workers Compensation claim if I am injured on the company premises while playing basketball, softball, pool, or ping pong?
Can I file a Maryland Workers Compensation claim if I am injured on the company premises while playing basketball, softball, pool, or ping pong? The answer may be yes. Especially if it is on the company premises and sometime during the work day. Even if after hours if the employer is aware of the sporting […]
Can an Uber or LYFT Driver File a Maryland Workers Compensation claim?
Can an Uber or LYFT Driver File a Maryland Workers Compensation claim? There are no Maryland appellate cases addressing the issue of whether an Uber or Lyft driver can file a Maryland workers compensation claim. The issue depends upon whether the Uber of Lyft driver is an employee or an independent contractor. If the Uber […]
Statute of Limitations in a Workers Compensation Claim
Statute of limitations in a Workers Compensation Claim In occupational disease claims employees or dependents of employees who have died have a two year statute of limitations from the date of disablement or 2 years from when the employee or dependent had actual knowledge that the disablement was caused by the employment.An employee who suffers […]
Maryland workers compensation claims – Light Duty
What does an employee do when released to light duty? In Maryland workers compensation claims, there are times when either your treating doctor or a doctor chosen by the insurance company releases you to return to work light duty . Returning to work on light duty is an excellent way to avoid job loss.This raises […]
Maryland Workers Compensation Commission
Maryland Workers Compensation Commission Hearings After you file the claim part of the process of a Maryland Workers Compensation Commission claim is what it’s like to go to a Maryland Workers Compensation Commission trial at the Maryland Workers Compensation Commission. On the day of the hearing at the Maryland Workers Compensation Commission you appear and there […]
Subsequent Injury Fund-What is it?
What is the Subsequent Injury Fund? The Subsequent Injury Fund is a Maryland State Government agency that was set up under the Maryland workers compensation law in order to compensate an employee injured on the job, who also suffers from significant pre-existing conditions. The law recognizes that when employees are injured on the job and […]
Maryland Workers Compensation Accidental Injury Analysis
Maryland Workers Compensation Accidental Injury Analysis Claims are either accidental injuries or occupational diseases or none of the above. Our initial analysis in support of the Worker’s Compensation Commission decision requires us to first define the term accidental personal injury. Accidental personal injury is defined as “an accidental injury that arises out of and in […]
SHIFTING BURDENS OF PROOF IN A WORKERS COMPENSATION CLAIM
STATEMENT OF FACTS ANSWERS TO INTERROGATORIES 1. If you contend that you sustained an injury to in the course of your employment at Fitzgerald Auto Mall, Inc., as defined by the Maryland Labor and Employment Code Annotated, and the Maryland case law, state with precision the factual and legal basis for this contention. ANSWER: I […]