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Emergency Law Inventory | Full Law Text

Law Number

Md. LABOR AND EMPLOYMENT Code Ann. 9-232.1

Summary Title

Workers' Compensation: Civil Defense Emergency Volunteer

Summary

A civil defense emergency volunteer, who is injured or killed while performing their duties, will be considered a covered employee and is entitled to workers' compensation. They are not entitled to workers' compensation if they are covered by other workers' compensation.

Full Title

Volunteer -- Civil defense emergency volunteers

Full Text

(b) Coverage in general. -- (1) Subject to paragraph (2) of this subsection, a civil defense volunteer is a covered employee if the individual sustains an injury in the course of providing services at the request of the State during an emergency while the emergency may reasonably be considered to be in existence, or during scheduled emergency training. (2) A civil defense volunteer is not entitled to workers' compensation benefits under this section if the individual is otherwise covered by workers' compensation insurance for services performed at the request of the State during an emergency or scheduled emergency training. (3) A civil defense volunteer must file a claim in this State to be eligible for benefits under this section. (4) For the purpose of computing the average weekly wage of a civil defense volunteer who is covered under this section, the wages of the covered employee shall be: (i) for a covered employee who received a salary or wages from other employment at the time of the accidental personal injury or last injurious exposure, the salary or wages from the other employment; or (ii) for a covered employee who did not receive a salary or wages from other employment at the time of the accidental personal injury or last injurious exposure: 1. if the covered employee derived income from a source other than salary or wages at the time of the accidental personal injury or last injurious exposure, an amount that allows the maximum compensation under this title; 2. if the covered employee was not engaged in a business enterprise at the time of the accidental personal injury or last injurious exposure, the weekly income last received by the covered employee when engaged in a business enterprise; or 3. if the covered employee had never been engaged in a business enterprise at the time of the accidental personal injury or last injurious exposure, an amount that allows the minimum compensation under this title.