What is Considered a Work-Related Injury?
Work-related injuries are specifically defined by the Occupational Safety and Health Administration (OSHA). Here, the workers’ compensation attorney Jeffrey Scholnick discusses what qualifies as a work-related injury.
Work-Related Injuries as Per OSHA Standards
OSHA has set standards that qualify an injury as a work-related injury. OSHA standards state that employees are eligible for workers’ compensation when an injury, “arises out of and in the course of employment.” This means that the injury must occur while the employee is working and due to conditions required for the employee to perform their work.
Definition of Injury as Per Maryland Labor and Employment Statute
The term, “injury” actually has several meanings in Maryland’s labor and employment statutes. An injury can be an accidental injury, an injury caused willfully or through negligence by a third-party, a disease or infection that arises from an accidental or negligent injury, an occupational disease or a condition caused by weather conditions, such as frostbite or sunstroke.
Cases That Have Influenced Maryland Workers’ Compensation Law
There have been a few workers’ compensation cases that have shaped Maryland policy regarding the classification of work-related injuries. Two doctrines that arose from these cases are “The Coming and Going Rule,” and “The Dual-Purpose Doctrine.” The Maryland Courts have created exceptions to these Rules.
The Coming and Going Rule stipulates that employees who are commuting to or from work who become injured are not eligible for workers’ compensation benefits. However, employees who become injured operating a vehicle for work purposes are.
The Dual-Purpose Doctrine states that an employee who is participating in an activity that is beneficial for both them and the employer may be covered by workers’ compensation. An example of this may be a fireman who is injured while engaging in physical exercise that is encouraged by their employer and considered paid time on the job.
Learn More About Work-Related Injuries by Speaking to a Workers’ Compensation Attorney
Workers’ compensation law can be complicated and is sometimes up to the interpretation of the courts. If you have been injured at your workplace while performing work-related activities, it is vital that you speak with an experienced workers’ compensation attorney to discuss the possibility of compensation. The workers’ compensation attorneys at Scholnick Law are well-versed in workers’ compensation law and will be able to help you determine your course of action. For a free consultation, contact Scholnick Law today!