By the early 1990's, all states had at least some sort of
protection for people hurt while on the job. This protection, however,
was very limited in that the process of filing a lawsuit against an
employer was difficult and very time consuming. Negligence by the
employer was almost impossible to prove and the legal aspect was
complicated and expensive; these auxiliary overheads coming at a time
during which no benefits were awarded to the injured workers out of
their jobs. Because of this, workers' compensation (also workman's
compensation or workman's comp) laws were passed, providing a legal
solution to the problem. Workers' compensation was a new kind of
insurance which all employers were required to obtain to protect their
employees.
In
determining whether or not an injury falls under the coverage blanket
of workers' compensation, there first has to be an established and
genuine employee-employer relationship. The laws only protect employees.
For example, neither a person working as an independent contractor with
a business, nor the individuals in a partnership would be protected by
the law. People in these categories (and others not mentioned) can elect
to follow the statutory procedure necessary should they wish to obtain
the insurance.
The next requirement for filing a workers'
compensation claim is whether or not the injury was an accident (a
sudden unusual or extraordinary event the causes an unexpected result in
the form of bodily injury). In order for injuries to be compensable
under the Maryland Workers' Compensation Act, they must be classified as
an accident. An exception to the rule is an occupational disease. If a
worker contracts an illness attributed to the nature of the
circumstances surrounding his or her job, they may be protected even
though there was no specific accident.
The third requirement for
compensation under the Maryland Workers' Compensation Act is that the
accident must arise "out of employment" and "in the course of
employment." The focus of the first aspect is on the exposure of the
employee to a risk or danger because of their job requirements. For
example, a roofer who was injured when he fell off a house while
replacing its shingles would meet the conditions for an injury that rose
out of employment. The focus of the second aspect is time, place, and
circumstances of the injury. If the injury occurs during the time in
which the employee was at work, in the employer's place of business, and
while the employee was performing their job, the injury is said to have
arisen in the course of employment.
If all three of the
requirements are satisfied, a worker's injury will generally be covered
by workers' compensation insurance. Often times, an investigation of the
claim is necessary. If an individual believes they have a compensable
injury, they must file a claim with the Workers Compensation Commission
and it will be reviewed to determine the type and any amount of benefits
to which the worker may be entitled to.
