By: Matthew Tievsky
In Maryland (like most jurisdictions), generally, when you are hurt on
the job, your remedy is to bring a claim under Maryland's workers
compensation laws. These laws are supposed to provide you speedy compensation,
but the amount of the compensation may be capped. The workers compensation
laws are also exclusive, meaning if you are injured on the job, you cannot
bring a lawsuit against your employer or a co-employee. So, for example,
if someone else at your company negligently injures you during the work
day, you have a workers compensation claim against your company, but you
cannot sue your co-worker.
However, worker's compensation does not apply, when you are driving
from home to your workplace, or from your workplace to your home. (This
is called the "coming and going rule.") In other words, this
travel is not treated as being on the job.
In addition, if you are on the job but someone who is not a co-worker injures
you, then you have both remedies available: You can bring a workers'
compensation claim, and file a lawsuit against the wrongdoer. So, for
example, if you are driving from one workplace to another, but during
the trip a stranger runs a red light and hits you, then there are two
types of claims that you can bring.
If you have been injured in an auto accident and want to know if you have
a workers compensation claim, a personal injury claim, or both, then you
should contact the personal injury attorneys at Chaikin, Sherman, Cammarata
& Siegel, P.C., for a