What Injuries Are Not Covered by Workers’ Compensation in Maryland

The federal government passed the first workers’ compensation insurance policy law in 1908, according to the Social Security Administration (SSA). At that time, the insurance only covered workers considered employed in hazardous jobs and only working for the federal government. By 1911, all but six states established workers’ compensation policies for the entire workforce.

Today, all 50 states have workers’ compensation policies in place to protect employees who are injured on the job. However, there are several injuries that are not covered by workers’ compensation in Maryland. Read on as we share what those are.

Business Exemptions

It should come as no surprise if your company carries workers’ compensation insurance. The majority of Maryland businesses are required to have that coverage for full and part-time employees. A business is exempt from that insurance if they hire independent contractors or self-employed workers. Typically, those are the type of employees who work for more than one company at a time.

Additionally, if a company is considered agricultural and employs less than three workers, it is exempt from carrying workers’ compensation. Finally, any business with a payroll of less than $15,000 per year is also exempt.

If an employee works for a company that is exempt from workers’ compensation, they can’t file a workers’ compensation claim. However, there could be an option to file a personal injury lawsuit. That is the exact type of scenario you want to discuss with an attorney who understands Maryland workers’ compensation.

Types of Injuries Covered by Workers’ Compensation

The Maryland Workers’ Compensation Commission regulates the laws and oversees the claim filing process. That process begins with identifying if the injury is valid. Not every injury that occurs on a job is covered. The commission defines covered injuries as any “accidental personal injury arising out of and in the course of employment.”

Those specific injuries might include the following:

• Accidents on the job that cause broken bones, head injuries, or electrocutions
• Repetitive motion strain, overexertion, or overuse injuries such as carpal tunnel syndrome
• Work-related injuries that aggravate pre-existing conditions
• Hearing loss triggered by exposure to excessively loud work environments
• Emotional or mental issues caused by work-related physical injuries
• Illnesses or disease caused by exposure to toxic chemicals

Injuries That Are Not Covered

When determining what injuries are not covered, it is not so much the type of injury but where and how it happened. Here are the categories of injuries that would not qualify for workers’ compensation benefits:

Injuries Outside Work

Any injury that occurs during personal time when you’re at home or doing any kind of non-work-related activity is not covered.

Self-Inflicted Injuries

Any self-inflicted injury designed to make a false claim will be rejected by the workers’ compensation carrier.

Injuries Caused by Intoxication

If an injury happens while someone is intoxicated or engaged in reckless behavior will not receive benefits.

Pre-Existing Conditions

The only way to have a workers’ compensation claim approved for a pre-existing condition is if a work-related duty aggravates that condition. For instance, if your bad back gets worse because you’re lifting heavy objects, you might have a claim.

Stress-Related Claims

Stress-related claims are similar to pre-existing conditions. If that stress is the result of an identifiable work-related incident, it could qualify for benefits. However, general stress and anxiety would not be approved for benefits.

Illnesses from Common Conditions

You cannot file for workers’ compensation benefits if you come down with the cold or flu, even if you think you “caught it” at the job.

General Aches and Pains

Everyone experiences the occasional aches and pains, but those aren’t allowed for compensation.

The Going and Coming Rule

You are not allowed to apply for workers’ compensation benefits if you are injured in a car accident on your way to or home from work. However, there are exceptions that fall under what they call the “going and coming” rule.

Here are the injury exceptions you could file under the going and coming rule:

• Getting injured in a car accident while community in a company vehicle
• Tripping and falling on work property
• An injury that happens in a company parking lot
• Injuries at any type of company gathering or work-sponsored event
• An injury while on a designated business trip or traveling between various business sites

Establishing the Qualification

The majority of workers’ compensation claims are valid, but that doesn’t mean the claim will be approved. The application could be misfiled or missing documents. The experienced attorneys at Belsky & Horowitz, LLC are familiar with the workers’ compensation claims process. We have a proven track record of success in this area. Call to set up a free consultation to discuss the accident.