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.