Can I File A Workers’ Compensation Claim And Also Bring A Lawsuit?
Maryland’s workers’ compensation law prevents employees from suing their employer for injuries sustained on the job or due to their employment. This is because employees are entitled to workers’ compensation insurance coverage for any injuries that they sustain at work. Unlike when you bring a lawsuit, employees are also not required to prove that the injury wasn’t their fault, and was caused by someone else’s negligence. Provided that an employee can establish that their injury was caused in the course of their employment (as opposed to outside the scope of it), they will receive medical care and full or partial wage replacement through workers’ compensation. However, there are unique situations where an employee may be able to bring both a workers’ compensation claim against their employer and a personal injury lawsuit against a third-party. This article is intended to provide general information on this topic and is not comprehensive. If you would like personalized information based on your specific case, you are welcome to contact the experienced Maryland personal injury and workers’ compensation attorneys at Berman, Sobin, Gross to schedule a consultation.
Situations Where You Can File a Personal Injury and Workers’ Compensation Claim
The vast majority of injuries that occur at the workplace will be easily remedied by filing a workers’ compensation claim. In fact, regardless of the circumstances you should always be sure to promptly file a workers’ compensation claim for any injury that you sustain while at work. Not doing so can cost you your right to recover at all and can also harm a potential personal injury case by making it seem like your injury wasn’t serious enough to mention or seek help for. However, in some cases, the situation is not as clear as an injured employee and their employer. There may be additional third-parties involved who contributed to causing the accident who can be held accountable separately and apart from the personal injury claim that you filed with your employer. For instance, if you are a UPS employee and are out making deliveries (in the course of your employment) and you are hit by a distracted driver, you can file a workers’ compensation claim because the injury happened while you were doing your job. You can also file a personal injury claim against the distracted driver. These situations are legally complex – it is critical to have an attorney who is highly experienced in this area of law and is able to help you competently navigate the process from start to finish.
Talk to Berman, Sobin, Gross Today!
If you have been injured on the job in Maryland and you are unsure of how to proceed, or you are struggling to get the support and compensation that you are entitled to, the experienced Maryland personal injury attorneys at Berman, Sobin, Gross are ready to help. Contact us today to schedule a consultation and find out how we can help you get the maximum amount of benefits, compensation, and support that you are entitled to.