Baltimore Comp Lawyer Blog

Information about Baltimore Workers' Compensation

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

Workers’ Compensation Appeals – From the Commission to the Circuit Court

In Maryland, any “interested” party can appeal the decision of the Workers’ Compensation Commission (hereinafter “WCC” or “the Commission”) “within 30 days after the date of the mailing of the Commission’s order.” Md. Code Ann., Lab. & Empl. § 9-737 (hereinafter “LE”).   The procedure for WCC appeals is set forth in LE § 9-745 and […]Continue Reading

Can I file a claim in Maryland if I was injured in another state?

To collect workers’ compensation in Maryland, an injured worker must constitute a “covered employee” within the meaning of the Workers’ Compensation Act. Further, in addition to the presumption outlined in LE § 9-202 (which focuses on the relationship between the employer and employee), an injured worker must also qualify for workers’ compensation benefits under LE […]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