Injuries During Physical Training: What Is And Is Not Compensable
There has been some confusion recently as to whether injuries sustained while performing “required” physical training are covered under workers’ compensation. The answer almost always is “yes”, provided certain conditions are met.
When The Injury Happens Matters
Physical training is considered part of a fire fighter’s job. Therefore injuries sustained during training are compensable provided that the injury is an “ACCIDENTAL INJURY arising out of the course of employment” (Labor & Employ. Art. Md. Ann. Code) “An accidental injury” (and thus a compensable injury) has been interpreted by the courts to mean any injury which occurs at work or is related to work. It includes such things as slips, falls, or burns. This standard of compensability applies not only to injuries sustained at the fire grounds but also traveling to or from a fire, at the fire, being detailed to stations and checking one’s mail at the station, as well as injuries sustained during physical training.
Documenting The Injury
One should always include in the First Report of Injury, Supervisory Report, and in any history given to a doctor any details about the injury. This will prevent problems from arising and decrease the likeliness of the Employer contesting the claim.
By Ken Berman