Should I Bring My Workers’ Comp Claim in Maryland?
There are a few basic rules to follow to determine whether it is proper to bring a workers’ compensation claim in Maryland. First, if the workplace accident happens in Maryland, jurisdiction is in Maryland. However, if there has been preemption by Federal Law, then you cannot bring your claim in Maryland. Additionally, if the injury is covered by the Longshoreman Act, then the claim cannot be heard in Maryland.
If the injury happens outside of Maryland, then, generally, jurisdiction is not in Maryland unless (1) you are employed under an employment contract entered into in Maryland for work to be performed wholly outside the United States, and (2) if the injury happens outside of Maryland but the employment outside is Maryland is shown to be only causal or incidental, the employer is a resident of Maryland, and the employee is regularly employed in Maryland.
There are certain situations where the injury may occur in Maryland, but Maryland does not have jurisdiction over the claim if all of the following are true: (1) if the employer and employee are not residents of the State; (2) the contract of hire was entered into in another state; (3) the injury occurred while the worker was working in Maryland on only a temporary or intermittent basis; (4) a non-resident employer has workers’ compensation insurance in another state that will cover the injured worker while the worker is working in Maryland; and (5) the other state has to have a reciprocal statute that exempts Maryland employers and employees under the statute under similar circumstances.
