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.
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.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
