Gaithersburg Workers’ Compensation Attorneys

Understanding Eligibility for Workers’ Compensation Benefits in Maryland

Most employees in Maryland are generally covered by their employers’ workers’ compensation insurance policies from their very first day of work, regardless of whether they work full-time, part-time, or seasonally. Independent contractors are not covered by workers’ compensation, but employers sometimes try to misclassify employees as independent contractors to avoid paying for benefits. If you have been told you are an independent contractor, but your employer sets your hours and tells you how you do your job, you may actually be legally considered an employee and consequently may be entitled to benefits for a work-related injury. 

If you are an eligible employee, you likely qualify for benefits if your injury arises out of and in the course of your employment. This legal standard requires a direct link between your work duties and your medical condition. The law typically covers sudden accidents that happen while you perform your job, travel for business, or run work-related errands. Note that injuries that occur during your regular commute to your primary workplace are not usually covered.   

Workers’ compensation insurance also covers occupational diseases, which are illnesses or conditions that develop gradually due to your specific workplace environment or job-related activities. Whether you suffer from a sudden back strain or a repetitive stress injury like carpal tunnel syndrome, we can help you demonstrate the necessary connection between your employment and your injury.

Maryland operates under a "no-fault" system. In most cases, this means you remain eligible for benefits even if a momentary lapse in judgment or an accidental mistake caused your injury. You do not need to prove your employer was negligent, nor does your own ordinary negligence disqualify you from receiving support. 

While the no-fault rule covers most situations, specific exceptions regarding fault can jeopardize a claim. The law generally excludes injuries that result solely from an employee's intoxication by drugs or alcohol. Similarly, if an employee intentionally tries to injure themselves or another person, or engages in “willful misconduct” that goes far beyond a simple safety violation, benefits may be denied. We can thoroughly investigate the facts of your case to protect you from unfair accusations of misconduct that insurance companies might use to reject valid claims.