Demystifying “hurt at work” in Baltimore, MD in 2025?
Maryland worker’s compensation law provides benefits for employees who sustain an accidental injury in the “scope and course of their employment”, in part, the legal definition of a work related accident forming the basis of a Baltimore workers’ compensation claim. This is but part of the battle in demystifying “hurt at work” in Baltimore, MD in 2025. Of course, it comes as no surprise to those who litigate worker’s compensation claims that insurance companies frequently use these definitions and concepts to justify their denial of benefits to injured workers. So, what is “hurt at work” in Baltimore, MD in 2025? The scope and course of employment aspect is satisfied if the accident occurs while the person is working, or performing a task related to the work. [MPJA 30:6]. An accident is something unexpected, i.e an unanticipated injury caused by physical conditions, requirements, or exertion required of or by the job. Attorney Eric T. Kirk is also counsel to entitle a Baltimore worker to worker’s compensation benefits, the accident injury must also ‘arise out of’ the work, in addition to occurring in the scope of the employment, In other words, there must be a causal connection between the work and the injury [although the work does not have to be the sole cause of the injury].
Injuries May Not Considered Work-Related for Workers’ Compensation Claims
Baltimore’s Workers’ compensation lawyers are charged with obtaining benefits where injuries that arise out of and in the course of employment. Of course, it comes as no surprise to those who litigate worker’s compensation claims that insurance companies frequently use these definitions and concepts to justify their denial of benefits to injured workers. However, indeed, not all injuries sustained by Baltimore area employees qualify for workers’ compensation benefits. Certain types of injuries are often deemed unrelated to workplace conditions and are therefore excluded.
Injuries Occurring Off the Job Premises
If an injury occurs outside the workplace and during personal time, it is generally not covered by workers’ compensation. For example, injuries sustained while commuting to or from work typically fall under the “coming and going rule” and are excluded unless the employee was performing a work-related task during their commute.
How to Improve/Report Workplace Safety in Baltimore
- Maryland Occupational Safety and Health (MOSH) — Maryland Dept. of Labor
What it is: Maryland’s state OSHA plan. Why it matters: MOSH sets and enforces occupational safety and health standards for most public and private workplaces in Maryland (with limited federal exceptions). Employers and workers can find standards, directives, reporting instructions (complaints, incidents), training notices, and compliance guidance. Use it for: understanding Maryland-specific rules, employee rights, employer duties, enforcement activity, and how to engage MOSH for inspections or assistance. It’s the state’s authoritative starting point for workplace safety requirements and updates.
- MOSH Consultation Services (Free, Confidential Help)
What it is: A no-cost, non-enforcement service for Maryland employers. Why it matters: On-site consultants can help identify hazards, improve safety programs, and train staff—without issuing citations. Qualifying employers may earn a one-year deferral from routine MOSH inspections after correcting hazards. Use it for: step-by-step hazard assessments, written program improvements, training, and prioritizing controls. Ideal for small and mid-size firms that want to get compliant and safer before an enforcement visit. Jointly supported with state and federal partners, it’s one of the most practical paths to rapid risk reduction
- Maryland Department of the Environment — Community Right-to-Know (Tier II/MOTTRS)
What it is: Maryland’s portal for EPCRA Tier II hazardous chemical inventory reporting. Why it matters: Many workplaces store/use chemicals that trigger reporting, emergency planning, and disclosure requirements—key to worker and responder safety. Use it for: annual March 1 submissions, guidance on covered facilities/thresholds, and contact information for the State Emergency Response Commission, LEPCs, and fire departments. MDE is the repository for Maryland’s SERC copies and provides program instructions and related compliance details. Pair this with your internal EHS program to keep chemical hazard information accurate and current.
- MDOT State Highway Administration — Work Zone Safety & Mobility (Training)
What it is: The state’s hub for work-zone safety training and procedures affecting road-construction workplaces. Why it matters: Highway work zones are high-risk job sites; SHA offers Flagger, Temporary Traffic Control, Traffic Manager, and Law-Enforcement-in-Work-Zones courses, plus links to enforcement programs. Use it for: registering for training, aligning your traffic-control plans with Maryland practices, and pulling required documentation to protect workers and the traveling public. Employers with roadway crews should integrate these materials into their written safety programs and toolbox talks.
- Maryland Dept. of Health — Occupational Health & Safety Indicators
What it is: State public-health surveillance for occupational safety—tracking 20 Occupational Health Indicators. Why it matters: Data on injuries, illnesses, exposures, and high-risk industries help employers and practitioners target prevention. Use it for: benchmarking, grant writing, and prioritizing interventions (e.g., fall prevention, noise, chemical exposure) based on Maryland-specific trends. Coupled with MOSH standards and consultation, these indicators support evidence-based decisions and measurable safety goals in your program.
Injuries Due to Personal Activities
Workers’ compensation excludes injuries resulting from personal activities not related to job duties. For instance, an employee who injures their wrist playing a game in the break room or twisting an ankle while running personal errands on lunch break may not be eligible for compensation. The key factor is whether the activity was for the employer’s benefit.
Preexisting Conditions
While workers’ compensation can cover the aggravation of preexisting conditions, it does not cover injuries solely due to those conditions. For example, chronic back pain unrelated to workplace activities or arthritis that develops naturally over time is not considered work-related. There are no benefits available for injuries resulting solely from the so-called ‘idiopathic’ condition, personal to the employee [e.g. a medical condition]. CAM v. Becchio, 608 A.2d 1264. Demystifying “hurt at work” in Baltimore, MD in 2025?To qualify, there must be clear evidence that the job duties significantly exacerbated the condition.
Self-Inflicted Injuries
Intentional self-harm is not covered under workers’ compensation laws. If an employee deliberately injures themselves, either to collect benefits or for other reasons, their claim will be denied. This category also includes injuries sustained during horseplay or fights that the injured employee initiated.
Injuries During Unlawful or Reckless Activities
Claims are often denied when injuries occur while the employee was violating workplace rules or engaging in reckless behavior. For example, an injury sustained while under the influence of drugs or alcohol at work is typically excluded. Similarly, injuries from unauthorized use of equipment or performing tasks outside job responsibilities without approval may not qualify.
Non-Work-Related Illnesses
General illnesses, such as the common cold or flu, are not covered under workers’ compensation, as they are not directly attributable to workplace conditions. Exceptions may exist for illnesses caused by occupational hazards, like exposure to toxic substances.
In all cases, the key factors are whether the injury or illness is directly connected to job duties, and if there is a benefit to the employer. Demystifying “hurt at work” in Baltimore, MD in 2025? Consulting with an experienced attorney like Eric T. Kirk, a Baltimore work injury lawyer, can clarify these nuances and help workers understand their rights.
I’ve handled hundreds of worker’s compensation claims over the years. The surprising thing to me is always the number of employers and insurance companies that deny needed and relatively inexpensive medical care to injured workers. If you’ve been hurt at work, we should talk today. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
