Maryland Personal Injury, Accident, and Victim's Rights BlogWBAL is reporting in an online article that the worker killed Tuesday at the Dundalk Marine Terminal has been identified as 46-year-old James Mills Gillus of Dundalk. Mr. Gillus was tragically killed when he was attempting to climb back into his vehicle after he noticed it was rolling backward and was struck by the vehicle. The vehicle he was operating is used to haul dumpsters around the marine terminal. State and Federal Workplace officials are investigating this accident. Mr. Gillus’ family will be entitled to Workers’ Compensation Death Benefits because he was killed during the course and scope of his employment. Additionally, under certain situations, they may be able to recover in a wrongful death action.
Articles Posted in Worker’s Compensation (WCC)
Are benefits recoverable under Workers’ Compensation action when injury occurs on the employers premises, but during a lunch break?
Maryland courts apply the “going and coming rule” which provides that “injuries received by an employee while going to or returning from his place of employment do not arise ‘out of and in the course of’ employment , and therefore are not compensable” under the Workmen’s Compensation Act. Wiley Manufacturing Co. v. Wilson, 280 Md. 200, 206 (1977). The rule is based on the premise that workmen’s compensation law is for injuries incurred by an employee engaged in a service that is growing out of his employment. Id. As such an employee who is going to or coming from work is not rendering services related to his employment and is exposed to hazards as a member of the general public and not as an employee.
There are two generally recognized exceptions to the ‘going and coming rule.’ The first is the ‘premises’ exception and the second is the proximity or special hazard rule. The application of these exceptions turns on the individual facts of each case. Id. at 210.
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