Workplace injuries are unfortunately common, and many employees assume that any injury that happens on the job is automatically covered by workers’ compensation. But that’s not always the case. Workers’ comp is designed to cover most job-related injuries, yet there are important exceptions. If you’ve been injured at work, it’s critical to understand what may or may not be covered under Maryland law.
At Antezana & Antezana LLC, we provide clear guidance to injured workers. Founded in 2001 by Alfredo J. Antezana, our family-owned law firm puts clients first, offering bilingual service and the highest standard of legal care. If you’re unsure about your claim, our qualified Rockville, MD workers’ compensation lawyer can help you determine your eligibility and protect your rights.
Injuries Caused By Misconduct
Workers’ comp generally does not cover injuries that occur while the employee is engaging in serious misconduct. This includes:
- Fighting or horseplay on the job
- Being under the influence of drugs or alcohol
- Committing a crime while working
For example, if a worker is injured while starting a fight with a coworker, that injury likely won’t qualify for benefits. Similarly, if drug or alcohol testing shows impairment at the time of the injury, the claim may be denied. Maryland employers often require post-accident testing to determine whether the injury resulted from intoxication.
Off-the-Clock And Off-Site Injuries
Injuries that happen while you are off the clock or outside the scope of your job duties may not be covered. This includes:
- Accidents during your commute
- Injuries sustained during unpaid lunch breaks
- Injuries while running personal errands on work time
That said, there are exceptions. If you’re traveling for work, making a delivery, or attending an off-site meeting, you may still qualify for coverage—even if you’re not at your main job location. The key is whether the activity was work-related at the time of the injury.
Pre-Existing Conditions
Workers’ comp does not cover pre-existing conditions unless they are aggravated or worsened by a work activity. For instance, if you have a history of back problems but suffer a severe strain while lifting heavy equipment at work, that aggravation may still be eligible.
However, insurance companies often dispute these types of claims. They may argue the work-related injury was solely related to the pre-existing condition and not your current job duties. This is one area where strong medical documentation and our experienced workers’ compensation attorney make a big difference.
Emotional And Mental Injuries
Mental health injuries—such as anxiety, depression, or PTSD—are generally not covered unless they are directly tied to a physical injury or a traumatic event at work. In Maryland, standalone emotional injuries (those without physical harm) are very difficult to prove under the workers’ comp system.
For example, a firefighter who witnesses a traumatic event may struggle to get coverage for PTSD unless it can be clearly connected to their job duties and supported by expert medical evidence.
Independent Contractors And Uncovered Employees
Not all workers are eligible for workers’ compensation in Maryland. Independent contractors, freelancers, and certain volunteers are not typically covered under an employer’s policy. However, some workers may be misclassified. If you were injured on the job but told you’re not covered, a review of your job duties and employment status may be necessary to confirm eligibility.
Misclassification is common in construction, gig work, and home health care services. If you suspect you’ve been incorrectly labeled as an independent contractor, speak with our attorney right away.
Know What To Expect From Your Workers’ Comp Claim
Understanding what workers’ compensation does not cover is just as important as knowing what it does. At Antezana & Antezana LLC, we are committed to helping injured workers across Maryland get the compensation they deserve—or make informed decisions when a claim may not be viable.
Our firm has secured over $30 million in annual benefits for clients and fights to maximize financial recovery in every case. If you were denied workers’ comp or are unsure whether your injury qualifies, reach out to our Rockville, MD office today. We offer free consultations and only charge a fee if we win your case. Let our legal team stand up for your rights and guide you through the process.
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