Worker’s Compensation – Injured at Work
An employee who sustains an accidental injury arising out of his or her employment is entitled to worker’s compensation benefits. The law defines these elements in general terms that are construed in favor of the injured, or purportedly injured, worker. As Attorney Eric T. Kirk will tell you.
“Arising out of” employment means that the injury results from some incident of employment. That is to say, if the injury occurs during works hours, at a place where the employee is expected at that time, and results from an activity reasonably related to the work, then it arises out of that work.
Notice that the first prong of the analysis is whether or not the worker is considered an “employee”. If that showing is met, the next step is a determination that the injury happened in the scope and course of typical employment duties. If there is evidence that the injury is related to something other than an accident occurring during work activities e.g. a drug interaction or heart attack then an aggressive Baltimore personal injury lawyer will need to examine the cause of the injury for evidence of the negligence or culpability of a third party for a potential recovery.
I extend a case review, claim evaluation and legal opinion on a no-cost basis to my clients. Contact me today to arrange a meeting. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
