In the early 1990s, all states had at least some form of protection for people injured on the job. However, this protection was very limited because the process of filing a lawsuit against an employer was difficult and time consuming. The employer’s negligence was almost impossible to prove and the legal aspect was complicated and expensive; These ancillary overhead expenses came at a time when workers injured outside of their jobs were not provided with benefits. Because of this, workers’ compensation laws (also labor compensation or workman’s comp) were passed, providing a legal solution to the problem. Workers’ compensation was a new type of insurance that all employers were required to obtain to protect their employees.

In order to determine whether or not an injury falls under general workers’ compensation coverage, there must first be an established and genuine employer-employee relationship. Laws only protect employees. For example, neither a person working as an independent contractor in a business nor individuals in a partnership would be protected by law. People in these categories (and others not mentioned) may choose to follow the necessary legal process if they wish to obtain insurance.

The next requirement for filing a workers’ compensation claim is whether or not the injury was an accident (an unusual or extraordinary sudden event that causes an unexpected result in the form of bodily injury). In order for injuries to be compensable under the Maryland Workers’ Compensation Law, they must be classified as accidents. An exception to the rule is an occupational disease. If a worker contracts a disease attributed to the nature of his work circumstances, he may be protected even if no specific accident has occurred.

The third requirement for compensation under the Maryland Workers’ Compensation Law is that the accident must arise “out of employment” and “in the course of employment.” The focus of the first aspect is on the employee’s exposure to risk or danger due to the requirements of her job. For example, a roofer who was injured when he fell off a house while replacing its shingles would qualify for an employment-related injury. The focus of the second aspect is the time, place and circumstances of the injury. If the injury occurs during the time the employee was at work, at the employer’s place of business, and while the employee was performing his or her job, the injury is said to have arisen in the course of employment.

If all three requirements are met, a worker’s injury will generally be covered by workers’ compensation insurance. Many times, an investigation of the claim is necessary. If a person 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 amount of benefits the worker may be entitled to.