What Does “No Fault” Mean for Your Work Injury Claim?

If you were recently injured at work or while performing an off-site work job, you may have started looking into the Maryland workers’ compensation system and learned that it is a “no fault” system. What does “no fault” mean for your work injury claim? Our Maryland workers’ compensation lawyers can explain in more detail below, and we can begin working with you today on your work injury case.

“No Fault” and the Exclusive Remedy of Workers’ Compensation

As a “no fault” system, the workers’ compensation system in Maryland pays out regardless of who is at fault. There is no need for an injured worker seeking compensation to prove fault, and as such, an injured worker can receive compensation much faster than they would if they needed to gather evidence to prove that another party was at fault for their injury.

In exchange for the benefit of the system being a no-fault system, it is also an exclusive remedy. What this means is that an injured worker cannot sue an employer or co-worker for negligence.

You Can Be Negligent and Still Obtain Compensation

In addition to the benefit of the system being faster than a lawsuit, there are other benefits, too. In a no-fault system, even the injured worker’s own negligence can be a causal factor in their accident, and they are not prevented from obtaining benefits.

You only need to show, under Maryland law, that your injury arose out of and occurred in the course of your employment.

Your Employer or Co-Worker Can Be Negligent and You Do Not Need to Prove It

In addition, as we noted above, there is no need to gather evidence to prove that an employer or co-worker was negligent, which can often be difficult to do in a work setting. In many circumstances, it might not even be clear whose negligence resulted in the accident, making proof of liability even more complicated. With the no-fault system, you do not need to worry about this.

You Can Seek No-Fault Workers’ Compensation Benefits and Later File a Lawsuit Against a Third Party or for Intentional Harm

The term “no fault” does not mean that you are precluded from filing a lawsuit if a third party caused your injuries, or if your injuries resulted from an intentional act or misconduct. After you have sought workers’ compensation benefits, you can speak with your workers’ compensation lawyer about your eligibility for filing a lawsuit to seek damages for any additional losses that were not covered by the Maryland workers’ compensation system.

Contact a Maryland Workers’ Compensation Attorney for Assistance with Your Case

Were you injured while you were performing a work task or while you were at your workplace? You may be eligible to seek workers’ compensation benefits, and thanks to the no-fault system, this can be a quick process when you work with one of the experienced Maryland workers’ compensation attorneys at the Law Offices of Steinhardt, Siskind and Lieberman, LLC. We can assist you in showing that your work injury arose out of and occurred in the course of your employment so that you can begin having your medical care covered and receiving wage replacement checks. Contact our firm today to get started on your workers’ compensation case.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-101