What is the Difference Between a Workers’ Compensation Claim and a Personal Injury Claim in Maryland?
When you are injured on the job in any kind of work in Maryland — from physical, blue-collar labor on a construction site to demanding labor in hospital emergency departments to intellectual work in a college or university or other white-collar job — you may be eligible to obtain compensation. Most employees who get hurt at work are eligible to seek workers’ compensation benefits, but in some circumstances, it may be possible to file a civil lawsuit against a negligent party who caused the injury.
What is the difference between a workers’ compensation claim and a personal injury claim after a workplace injury in Maryland? Consider the following information from our Maryland workplace accident lawyers.
Workers’ Compensation as a No-Fault System to Offer Quick Compensation
A workers’ compensation claim is something that an injured worker can file when their employer carries workers’ compensation insurance (which is required for a very wide range of employers in Maryland). Accordingly, a workers’ compensation claim is a type of insurance claim. The employee must report the injury to their employer, and then the employee and employer must provide documentation. The claim then goes through the Maryland workers’ compensation system and is governed by Maryland workers’ compensation law, which allows injured employees who got hurt in an accident or incident arising out of and occurring in the course of employment to be eligible for benefits. Those benefits typically include coverage for medical care, wage-replacement benefits that cover a portion of lost wages, and disability benefits.
Workers’ compensation is a no-fault system, which means an injured worker does not have to prove negligence or fault in any capacity — and can often be eligible for benefits even if their own negligence caused or contributed to the injury. Yet as a no-fault system, workers’ compensation is also an “exclusive remedy” — injured workers cannot also file a personal injury lawsuit.
Personal Injury Lawsuits Against Third Parties
A personal injury lawsuit is a type of civil lawsuit that can be filed by an injured party against a negligent or otherwise liable party when the negligent party’s fault caused the injuries and the injured person suffered damages. In general, an injured worker can only seek compensation through the workers’ compensation system since it is an exclusive remedy for workplace injuries.
There are certain exceptions, however. Most notably, when a third party — i.e., someone who is not an employee or associated with the employer — causes the injury, the injured worker may be able to file a third-party personal injury lawsuit against that at-fault party in addition to seeking workers’ compensation benefits. Typically, the injured employee will have three years from the date of the injury to file a lawsuit under Maryland law.
Contact a Maryland Workers’ Compensation Attorney for Assistance Seeking Benefits or Learning More About Filing a Third-Party Injury Lawsuit
Were you injured on the job? If so, you may be eligible to seek and obtain workers’ compensation benefits through the Maryland workers’ compensation system. As we discussed above, most workplace injuries will be covered by workers’ compensation rather than making an injured worker eligible to file a negligence lawsuit. In some situations, however, it may be possible for an injured employee to obtain workers’ compensation benefits initially then seek compensation for additional losses through a third-party civil lawsuit. To learn about your eligibility for workers’ compensation benefits or to file a personal injury lawsuit, you should seek advice from one of the experienced Maryland workers’ compensation lawyers at the Law Offices of Steinhardt, Siskind and Lieberman, LLC. Contact our firm today for assistance with your workplace injury case.
Source:
law.justia.com/codes/maryland/labor-and-employment/title-9/