Personal Injury Blog

Workers' Compensation vs. A Personal Injury Claim: Which Avenues Can I Pursue After an Auto Accident?

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.

Car Accident Lawyer in Maryland

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 free consultation.