Workers’ Compensation In Maryland And Third-Party Liability
On-the-job accidents are often complex events. Multiple factors may have been involved in what happened or contributed to your injuries. You have the right to seek compensation, but among the most common questions we hear from clients concerns who is responsible.
Workers’ compensation reduces liability for employers while protecting employees. It provides payment for lost wages, medical expenses, and other costs. Our Maryland workers’ compensation attorney explains more about your rights in a claim and when third parties may be liable.
Common Causes Of Work-Related Injuries In Maryland
Work-related accidents can happen in any occupation, leaving employees suffering serious personal injuries. According to the U.S. Bureau of Labor Statistics (BLS), on-the-job injuries in Maryland impact more than 43,000 people each year.
While certain types of workers, such as emergency service providers and construction or manufacturing workers, encounter greater hazards on job sites, common causes of work-related injuries tend to be the same. These include:
- Slips, Trips, and Falls: These occur due to wet or uneven surfaces, poor lighting, loose rugs, or cluttered walkways, leading to injuries like sprains, fractures, or concussions.
- Contact with Objects and Equipment: Being struck by or caught in moving machinery, falling tools, or materials can cause injuries ranging from cuts and bruises to more severe trauma.
- Falls from Heights: Common in construction and other industries where workers are on ladders, scaffolding, or roofs. These falls can lead to serious injuries or fatalities.
- Motor Vehicle Accidents: This includes accidents involving company vehicles or those that occur while driving for work purposes. Delivery drivers, sales personnel, and truck drivers are particularly at risk.
- Exposure to Harmful Substances or Environments: Chemical burns, inhalation of toxic fumes, or prolonged exposure to extreme temperatures can cause various injuries, including respiratory issues, burns, or heat-related illnesses.
- Workplace Violence: Physical assaults or threats from coworkers, clients, or customers can lead to injuries ranging from minor to severe.
Who Is Liable For On-The-Job Injuries In Maryland?
When on-the-job injuries in Maryland happen, workers’ compensation acts as a form of insurance. Benefits available through the Maryland Workers’ Compensation Commission help in covering your medical expenses, portions of lost wages, future losses in earnings or benefits, and other costs.
In Maryland, you generally cannot sue your employer directly for a work-related injury because of the state’s workers’ compensation laws. Workers’ compensation is a no-fault system that provides benefits to employees who are injured on the job, regardless of who was at fault. This system typically prevents employees from suing their employers in court for work-related injuries.
However, there are a few exceptions where an employee might be able to sue their employer directly:
- Intentional Harm: If the employer intentionally caused the injury or acted with deliberate intent to harm the employee, the injured worker may be able to file a lawsuit against the employer.
- Third-Party Lawsuits: If a third party (someone other than the employer or a coworker) is responsible for the injury, the employee may be able to file a lawsuit against that third party. For example, if a defective piece of equipment caused the injury, the injured worker could potentially sue the equipment manufacturer.
- Lack of Workers’ Compensation Insurance: If an employer fails to carry the required workers’ compensation insurance, an injured employee may have the right to sue the employer directly in civil court for damages.
- Gross Negligence: In rare cases, an employee might be able to sue for gross negligence if the employer’s conduct was extremely reckless or constituted a wanton disregard for employee safety.
To Protect Your Rights, Contact Our Maryland Workers’ Compensation Attorney
Work-related injuries in Maryland can impact your health for years afterward. To protect your rights in a claim, get trusted legal guidance from Berman, Sobin, Gross, LLP. We can review your case and advise you on the options available. Call or contact our office online and request a consultation with our Maryland workers’ compensation attorney today.
Sources:
bls.gov/regions/mid-atlantic/news-release/workplaceinjuriesandillnesses_maryland.htm
wcc.state.md.us/
