What is "The Scope And Course of Employment" in Maryland Workers' Compensation?
If one sustains an accidental personal injury while on the clock at work, they are entitled to worker’s compensation benefits. The law says an accidental personal injury is one that arises out of an in the course of employment. In other words, there must be some connection between the injury causing event and the work or employment. If there is, that injured worker is entitled to Maryland workers' compensation benefits. Seems pretty straightforward, right?
It may surprise you to learn there are hundreds of appellate cases, and thousands of commission level decisions where the court has been called upon to decide if a person sustained an accidental injury work.
There is a veritable cottage industry built by the insurance industry around challenges to whether a legitimately and undeniably injured person was "in the course and scope of their employment" when they were hurt. There are also thousands of pages of legal briefs and judicial opinions for case wherein a commissioner, judge or jury has been called upon to devote precious judicial resources to hearing insurance company challenges to whether a workplace undisputed injury was the result of an "accident." Insurance companies do win many of these cases. Make no mistake, the insurance industry generally employs some of the most skilled lawyers in Maryland to conduct their litigation.
This Article was updated by Eric Kirk on 5/7/20.