Baltimore Comp Lawyer Blog

Posts in Employment Relationship

What constitutes a Covered Employee? – Common Law Analysis

Title 9, Subtitle 2 of the Labor & Employment Article of the Maryland Annotated Code governs “Covered Employees and Employers” and defines an employer as any “person . . . governmental unit or quasi-public corporation that has at least 1 covered employee.”  LE § 9-201 (emphasis added).  Accordingly, “in a workers’ compensation case, the first […]Continue Reading

When does the Statutory Employer Provision apply to principal contractors?

Section 9-508 of the Labor & Employment Article, also known as the “statutory employer provision,” extends workers’ compensation liability to principal contractors who would otherwise be immune under traditional common law analysis.  Elms v. Renewal by Anderson, 439 Md. 381, 403 (2014) (“[T]he statute causes . . . the principal contractor to step into the […]Continue Reading

Does the Positional-Risk Test trump the Going and Coming Rule?

In Maryland, covered employees are entitled to compensation for injuries that arise out of and in the course of employment, with limited exception. One such exception is the Going and Coming Rule, a hallmark of MD comp law. The Rule generally precludes compensation for injuries incurred while an employee is traveling to and from work. […]Continue Reading