Work-Related Personal Injury Claims: Can You Sue?

In the state of Maryland, employees who sustain injuries while on the job are generally unable to sue their employers. This is because workplace and work-related personal injury claims are handled through the state’s workers’ compensation process.

Workers’ compensation insurance exists to provide employees with the necessary medical care and paid time off to recover from their injuries without resorting to a lawsuit. However, there are certain situations where an employee may be able to file a personal injury claim in addition to a workers’ compensation claim. In this article, we will explore those situations and provide guidance on what to do if you find yourself in such a scenario.

Understanding Maryland’s Workers’ Compensation Laws

Under Maryland law, workers’ compensation is the primary means of obtaining compensation for workplace injuries. It is designed to provide benefits to employees who are injured or become ill as a result of their employment. Workers’ compensation benefits typically cover medical expenses, lost wages, and disability benefits. This system eliminates the need for employees to file lawsuits against their employers for work-related injuries, ensuring a more efficient and streamlined process.

Limitations of Workers’ Compensation Claims

While workers’ compensation provides essential benefits to injured employees, it does not account for pain and suffering damages, which are often a significant aspect of personal injury claims. Pain and suffering can encompass the physical and emotional distress caused by the injury, as well as the impact on the individual’s quality of life. In workers’ compensation cases, the focus is primarily on providing medical care and wage replacement, rather than compensating for pain and suffering.

Exceptions to Workers’ Compensation Claims

Although workers’ compensation is the primary avenue for seeking compensation for workplace injuries, there are exceptions that allow employees to pursue personal injury claims in addition to their workers’ compensation claims. These exceptions generally arise when a third party, other than the employer, is responsible for the injury. Let’s explore some common scenarios where this may occur:

Third-Party Negligence

In situations where a workplace injury is caused by the negligence of a third party, such as a contractor or another company, the injured employee may have grounds for both a workers’ compensation claim and a personal injury lawsuit. For example, if an employee is injured while operating a faulty forklift provided by a contractor hired by their employer, they can pursue workers’ compensation benefits and bring a third-party lawsuit against the contractor for negligence.

Car Accidents

If an employee is involved in a car accident while on company business and the accident was caused by another driver’s negligence, the employee may be eligible to file a workers’ compensation claim and a personal injury lawsuit against the at-fault driver. This allows the employee to seek compensation for medical expenses, lost wages, and pain and suffering.

Multiple Parties Involved in the Workplace

In some cases, workplace injuries occur due to the negligence of multiple parties involved in the work site. This can include situations where defective equipment, unsafe conditions, or inadequate training contributed to the injury. Employees injured in such circumstances may be able to file a workers’ compensation claim and pursue personal injury claims against the responsible parties.

Premises Liability Cases

Under premises liability laws, employers have a duty to maintain a safe environment for employees and visitors. If an employee is injured due to unsafe conditions on the premises, such as slip and falls, dog bites, or negligent security, they may be able to file a workers’ compensation claim and a personal injury lawsuit against the property owner or occupier.

Medical Malpractice

In some instances, employees may seek medical treatment for a work-related injury and experience medical malpractice by healthcare providers. If an employee suffers harm due to medical negligence while receiving treatment for a work-related injury, they may be able to pursue both workers’ compensation benefits and a medical malpractice claim against the healthcare providers.

Seeking Legal Assistance

Navigating the complexities of workers’ compensation and personal injury laws can be challenging, especially when multiple parties are involved. If you have been injured at work in Maryland and believe there may be grounds for a personal injury claim in addition to your workers’ compensation claim, it is crucial to consult with an experienced personal injury attorney. They can evaluate the specific circumstances of your case and guide you on the best course of action to maximize your compensation.

Conclusion

While Maryland’s workers’ compensation system provides essential benefits to employees injured on the job, there are situations where a personal injury claim may be appropriate. Understanding the exceptions to workers’ compensation claims and seeking legal advice from an experienced attorney can help injured employees navigate the complexities of the legal process and ensure they receive the compensation they deserve. If you have been injured at work in Maryland and need assistance with your claim, contact a knowledgeable personal injury attorney today to protect your rights and explore your legal options.