An incarcerated individual who is employed in the community as a participant in the work–release program established under § 3–801 of this subtitle is not an agent, employee, or involuntary servant of the Division while released from confinement under the terms of a work–release plan. Title 10, Subtitle 3 of this article does not apply when an incarcerated individual released under a work–release plan sustains an injury while engaged in gainful private employment.