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Workers’ compensation can hinge on the circumstances of an injury

On Behalf of | Dec 14, 2022 | WORKERS' COMPENSATION - Workers' Compensation

When Maryland workers are injured, they will immediately think about their medical care, rehabilitation and lost wages. This can be covered by workers’ compensation benefits. However, getting approved is not always a simple matter of filing the claim and being approved immediately.

The Workers’ Compensation Commission has certain requirements in place that must be met. One key part of the case is whether the injury is categorized as arising out of employment or arising during the course of employment. Since this sounds confusing and can be complex, it is important to have help.

How do the circumstances of the injury impact the claim?

If an injury arose out of employment, it will generally warrant workers’ compensation for the injured person. For example, if a construction worker was hurt using a tool for their work or fell from a height, this is an injury that happened from the employment itself. The employee is exposed to a level of risk from the job they are required to do and was hurt doing it; therefore, they can get benefits.

The injury arising during the course of employment is different and might not automatically yield an approval for benefits until the case is assessed with greater scrutiny. The case will be judged on when it happened, where it happened and the circumstances under which it occurred.

An example of when the injury might not be compensable is if it happened while the person was heading to work or was in the parking lot of the work location. If; however, the person was asked to pick up supplies or simply asked to go get coffee and was injured as they were doing as they were told, this could be a valid reason to get workers’ compensation benefits. However, in this instance, it may be harder to get approved than it would be for an injury arising out of employment.

Experienced help can be fundamental to a successful workers’ compensation claim

When dealing with insurers and the WCC, it can be worrisome as to how the process is handled and cases are decided. Simply because there is a denial does not mean the case is over. People need to be aware of their rights with applying for benefits and appealing if the case is denied.

For guidance with this aspect of workers’ compensation, it is important to have experienced people to provide representation and help. Immediately after the injury has happened, it is wise to be protected. Consulting with those who understand all aspects of workers’ compensation claims can be crucial to reaching the desired result and getting benefits.