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What Does Arising Out of Employment Mean For Workers Comp?

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Posted On 05.18.15 by in Blog

What-Does-Arising-Out-of-Employment-Mean-For-Workers-Comp

Just because you suffered a workplace injury, it does not mean that you qualify for workers’ compensation in Maryland. There are actually a few very important characteristics that must apply to the cause of your injury. If those requirements are not met, then you will not be eligible for workers compensation. The injury must have arisen out of employment and in the course of employment. It can sometimes be difficult to determine if your injury applies, so it can be really helpful to speak with a workers’ compensation attorney who can help you.

Arising Out of Employment

Think carefully about the conditions that contributed to the injury. Did those conditions arise out of the employment? A simple example would be if you fell down and got injured because of a slippery floor. If you are working in a factory that has leaking valves and pools of water on the ground, then this condition arose from the employment. If you are working at a pool and slip, you can also argue that the conditions arose out of employment. However, if the conditions did not directly arise out of employment, then you may not get compensation. One example of this is if you accidentally poured water onto the ground and that caused the slip and fall. If carrying water had nothing to do with your duties, then this might not count as arising out of employment.

Arising in the Course of Employment

This is the second condition that must be met to qualify for workers compensation. To understand if you meet this condition, you need to ask two questions. Did the accident occur at the place of employment or place where you were instructed to work? Did the action occur while you were doing tasks that were related to work? If you can answer yes to both of these questions, then you probably qualify for workers’ compensation.

These questions can actually be very difficult to answer when a task is not part of your general job duties. What if you were walking across the office to ask a work-related question from a colleague? That would probably qualify. If you were driving to a restaurant because your supervisor instructed you to pick up lunch for the office, the question is more difficult, but it may still qualify for workers’ compensation.

Because these questions can be difficult to answer, your employer and insurer may investigate before approving your workers’ compensation claim. They will verify that the injury arose out of the working conditions and will also try to verify that you were working while it happened. Having an experienced attorney will help you navigate this process and effectively make your case to the insurer. Without an attorney, your claim for compensation may be unfairly denied. In that case, you can also hire an attorney to help you appeal the decision and reapply for worker’s compensation.

Were you recently injured in the workplace? Our attorneys can help you determine if you are eligible for workers’ compensation. Schedule a consultation, and we will talk to you about your case.

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