By: Matthew Tievsky
Maryland, like the other states, has enacted a special set of laws to govern
injuries that happen on the job. If you are working on the job and you
are hurt because of the negligence of your employer or a co-worker, you
cannot bring a regular lawsuit against the negligent party. Instead, you
must file a workers' compensation claim. A workers' compensation
claim is different than a personal injury lawsuit:
In a workers' compensation claim you do not need to prove the fault
of the negligent party to make a recovery. However, the total damages you can recover are capped.
However, workers' compensation laws only apply to on-the-job injuries.
Also, there are exceptions to the rule. For example, if you have an
auto accident while driving to or from your job, then the workers' compensation
laws do not apply.
There is also a special set of circumstances in which you can bring
both a workers' compensation claim and a personal injury lawsuit. This occurs
when you are on the job, but you are injured by a person who is
not your employer or co-worker. For example, if you have an employer with multiple
offices and you are driving from one office to another during your work
day, and a stranger runs into you, then you can bring a workers' compensation
claim with your employer, but also bring a lawsuit against the negligent
driver who hit you.
If you have been injured and have questions about whether you should bring
a personal injury lawsuit, a workers' compensation claim, or both,
you should contact the Maryland personal injury attorneys at Chaikin,
Sherman, Cammarata & Siegel, P.C., for a