Is There an Exception to the “No Fault” Workers’ Compensation Rule for Construction Work Injuries?
Construction work, and the various types of jobs that workers perform within the construction industry, is notably dangerous. Indeed, studies often discuss the high rate of life-altering and fatal workplace accidents on construction sites and in construction areas, and the Occupational Safety and Health Administration (OSHA) reports on the “fatal four” of construction work, including falls, electrocutions, struck-by injuries, and caught-in or caught-between injuries. Data reveals that there are more deaths in construction than in most other industries, and many of those fatalities result from employers’ negligence. Yet Maryland has a no-fault workers’ compensation system. What does that mean for filing a lawsuit against a construction industry employer?
Understanding Maryland’s No-Fault Workers’ Compensation System
Maryland’s workers’ compensation law is a no-fault system. What this means is that a construction worker does not have to prove negligence in order to be eligible for benefits, and they can also receive benefits even if their own negligence resulted in their injury, in most cases (with the employee’s own intoxication or impairment an exception).
As such, a construction worker cannot sue their employer, even if the employer’s negligence was a causal factor or the primary cause of their injuries. For example, if an employer failed to provide adequate safety training, failed to provide personal protective equipment (PPE), or failed to have a machine properly maintained or inspected, the employer cannot be liable through a civil lawsuit. While there are states that carve out an exception to the workers’ compensation no-fault rule for the construction industry, Maryland is not among those states.
When Can You Sue Your Construction Industry Employer?
If you are a construction worker who was injured on the job, there are only two general types of circumstances in which it may be possible to file a civil lawsuit for personal injury against your employer:
- Your employer failed to pay for required workers’ compensation insurance; or
- Your employer’s intentional act caused your injury (such as if an employer intentionally removed a safety device from a heavy machine with the intention of causing harm, for example).
There are also some circumstances in which you may be able to file a lawsuit against a third party if you were injured while performing construction work. If a third party (such as a property owner at worksite, or a manufacturer of a defective product) is responsible for your injury, then you may be able to file a civil lawsuit against that party after seeking workers’ compensation benefits.
Contact a Maryland Construction Worker Injury Attorney Today to Discuss Your Options for Seeking Compensation and Benefits
Were you recently injured while performing construction work, or did your spouse or parent sustain fatal injuries in a construction accident? Accidents on construction sites are often devastating, severe incidents that result in disabling and deadly injuries. It is important to seek legal advice from one of the experienced Maryland construction worker injury attorneys at the Law Offices of Steinhardt, Siskind and Lieberman, LLC about your options for obtaining the compensation and benefits you need after a serious construction site accident. Contact our firm today for assistance.
Source:
codes.findlaw.com/md/labor-and-employment/md-code-labor-and-emply-sect-9-509/