Arising Out of and In the Course of Employment

For a workplace injury to qualify for workers’ compensation benefits, the employee must show that their injury was "arising out of and in the course of employment.” In addressing these claims, Maryland courts have developed an entire area of law surrounding the phrase "arising out of and in the course of employment." Essentially, these words refer to the nexus, or connection, between the cause of the accident and the worker’s job duties. To arise out of the employment, a link must be established between the accident and the employment.

The experienced Prince George’s County workers’ compensation lawyers at Foran & Foran, P.A. can help you understand your rights and pursue the benefits you need to get back on your feet and back to work. We have approximately 85 years of combined experience connecting workers with the benefits they deserve and know what it takes to cut through the red tape and get your claim approved.

Under Maryland’s workers’ compensation laws, “in the course of employment” means that the employee is helping the employer’s business goals in performing the activity. However, over time, courts have created many exceptions where an employee’s actions are not considered to be “in the course of employment.”

Idiopathic injuries are not compensable. These types of injuries occur when there is an unknown cause of the injury. There have been cases of stroke on the job, or someone collapses that are found to be idiopathic injuries and not compensable. There are some exceptions that can be made depending on the work environment.

This is frequently called the going and coming rule. Generally speaking, employees who are injured, either going to or coming from work, are not entitled to compensation under the Workers' Compensation Act. There can be exceptions to this general rule if the employer provided a vehicle or paid for the transportation. Employees whose job requires them to travel may also have a compensable claim.

If an employee is injured while performing an action that has two purposes, the injury may be compensable, provided one of the purposes was for the employer’s benefit. For example, if an employer asks a worker to drop something off to a customer on the employee’s way home, the worker may qualify for worker’s compensation benefits in the event of a car accident.

Once an employee gets to work, it is assumed that any injury they sustain will be covered, even if they haven’t clocked in yet. The focus of the inquiry is whether the employee has arrived at work, not whether they are on the clock.

In those cases where there is a special hazard that is unique to a particular job, and an employee is injured as a result of that condition, the injury may be compensable even if the injury doesn’t occur on the employer’s property.

If a worker is on a specific errand for the employer, the case may be compensable. If the employee was asked to run that special errand and the worker was injured while running the special errand, the case could be found compensable. This exception can be similar to the dual purpose doctrine.

Injuries that occur when the employee is on a short break could be found compensable. Some factors that should be examined would be how often these breaks were taken, the duration of the breaks, the deviation from the employment and whether these breaks were permitted.

Horseplay by an injured worker can prevent them from receiving benefits. Typically, the person who started the horseplay won't be compensated. A thorough investigation of the case will uncover critical details about the horseplay, such as any previous instances and whether the horseplay was related to the job

If someone other than a worker’s employer causes the worker’s injury, the injury will be compensable. In other words, there is no requirement that the employer or a fellow employee cause a worker’s injuries. In this situation, the injured worker may also have a third-party personal injury claim.

If you were recently injured on the job and want to learn more about your rights under Maryland’s workers’ compensation laws, reach out to the dedicated Prince George’s County work injury lawyers at Foran & Foran, P.A. Our Prince George’s County workers’ compensation lawyers have decades of experience recovering benefits on behalf of injured workers and look forward to discussing how we can help you. To learn more, and to schedule a free consultation today, call us at 301-441-2022 or connect with us online by filling out our secure online form.