It is sometimes very obvious where an injured workers
should file his workers’ compensation claim following an on-the-job injury.For example, if the injured worker lives in the District of Columbia, and
has always worked for his employer in the District, and gets injured in the District, then the claim for workers’ compensation benefits naturally should
be filed in the District.
However, the situation becomes a bit more complicated when the injured worker does not get injured in the state where he normally works, or when the injured
worker performs work for the employer in more than one state.In this blog, I will give a few different scenarios that tend to occur, in order to figure
out where your workers’ compensation claim should be filed.
Scenario #1: The injured worker regularly works in Maryland, but happens to travel to the District of Columbia for work, and
happens to be injured while performing that work for the employer in the District.
In the first scenario, under 32-1503 of the District of Columbia Workers’ Compensation Act, the District will not have jurisdiction over this claim.Having
only “casual, occasional, or incidental” employment in the District is not enough.The workers’ compensation claim in that scenario should be filed in Maryland.
Scenario #2: The injured worker and the employer are both residents of Maryland, but the injured worker was assigned to do
work for the employer in the District of Columbia for an extended period of time (weeks and months) and was injured in the District.
In the second scenario, the claim may be able to be filed in either Maryland OR in DC, with one caveat.The DC Worker’s Compensation Statute says that,
if both the injured worker and the employer are not residents of the District, and the contract for hire was entered into in another State (like Maryland)
then even though the injured worker had performed work for the Employer for an extended period of time in the District, and was injured in the District,
the injured worker MAY be able to file a claim for workers’ compensation benefits in the District, but only if, the employer has workers’ compensation
coverage in the District.So, in that second scenario, if the employer had insurance cover in the District, the claim for workers’ compensation benefits
can be filed in EITHER Maryland or the District.If the employer does not have workers’ compensation coverage in the District, then the claim would
have to be filed in the State of Maryland.
Scenario #3: The injured worker is hurt in the State of Maryland while performing work for a District of Columbia Employer
and normally works in the District of Columbia.
Under 9-203 of Maryland Workers’ Compensation Statute, Maryland shares the same principal as the District such that “casual, occasional, or incidental”
work in Maryland, when the employment is located and performed primarily in another jurisdiction (like DC), will not be enough to enable the injured
employee to file a workers’ compensation claim in Maryland.
Scenario #4: The injured worker performs work for the employer in Maryland, DC and Virginia, but gets injured in DC, but both
he and his employer are residents of Maryland.
This last scenario occurs often with transit drivers.In this scenario, the injured worker is not an incidental, casual or occasional employee of the District,
but rather, has worked for the employer in the District on a regular basis for years.In this fourth scenario, because both the injured worker and the
employer are both residents of Maryland (with, for example, the employee picking up his bus to begin his bus route at the Maryland headquarters) the
injured worker would be able to file his workers’ compensation claim in both Maryland AND the District of Columbia, if and only if, the employee can
prove that he is not an incident employee in the District.If the injured worker can testify that works as much or (better yet) more often in the District
than he does in Maryland or Virginia, and again, is hurt in the District, then his claim for workers’ compensation benefits could be filed in the District.However,
if the evidence shows that the employee works only a small percentage of the time in District, and works primarily in Maryland and Virginia, then the
District of Columbia would not accept his workers’ compensation claim and the State of Maryland would be his only option.
If any additional information is needed, I can be reached by email:firstname.lastname@example.org, or on my direct office