Car Accidents on the Job

If you are in a motor vehicle accident in Maryland, you have two potential claims: a workers' compensation claim and a "third party" claim.

Workers' Compensation Auto Accident Claimon-the-job auto accident

If your job functions require you to travel in your car beyond coming to and from work, and you are injured in a car crash, you likely have a workers' compensation claim. This is true whether or not you are at fault for the crash. It is important to get your mind around this because too many people fail to bring a claim because they assume you cannot bring any claim if you are at-fault for the collision. This is true, obviously, with respect to a claim against the other driver. But you can still bring a workers' comp claim.

Maryland law also allows for a "special mission" exception to the "coming and going to work" under which the employer may be liable for injuries under workers' comp if an employee is injured while commuting to or from an "extra, after hours duty.

First Party Claim

The civil tort system completely ignores the fact that you have a workers' compensation claim. The court only asks two questions: (1) who caused the accident? and, (2) if their were injuries, how much compensation must be awarded? That is it. The jury is not told that you made a workers' compensation claim or that you receive payments. Maryland's collateral source rule in prohibits the defendant driver in an motor vehicle injury claims from introducing evidence that the plaintiff has or will recover his medical expenses or portions of her lost income from any other source, including workers' compensation.

But there has to be a catch. There is. The workers' compensation insurance carrier has a right to be paid back - minus any attorneys' fee incurred in getting their money back. There is no choice: Maryland law requires attorneys to either pay back the amount owned or put the money into escrow if there is a dispute over how much should be paid back. That is the bad news. The good news is that we have had a lot of success getting the insurance companies to substantially reduce the amount of their liens in many cases.

More Workers' Comp and Torts

So it is even worthwhile to bring a workers' compensation case if you have an auto accident that is not your fault? You can just waive your comp rights and focus on the civil negligence claim. Sometimes this makes sense. But in any type of serious injury case - the only type of case we handle - you are generally still better served pursuing both claims.

Keep one thing in mind: if you settle the civil liability claim first, you may well be waiving your rights to bring a comp claim down the road unless your deal with the comp carrier is extremely clear.

What to Do If You Need a Maryland Workers’ Compensation Lawyer

If you have a Maryland workers' compensation claim, call us today at 800-553-8082 or click here for a free no obligation consultation.

Related Maryland Workers Compensation Claim Information

Contact Us For a Free Consultation

If you are hurt in a serious accident or are the victim of medical malpractice, contact our team of lawyers to discuss your case.
Call us now for help at (800) 553-8082

You can also get a FREE no obligation on-line consultation.

Client Reviews

  • They quite literally worked as hard as if not harder than the doctors to save our lives.
    ★★★★★
  • Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for.
    ★★★★★
  • Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone!
    ★★★★★
  • The last case I referred to them settled for $1.2 million.
    ★★★★★
  • I am so grateful that I was lucky to pick Miller & Zois.
    ★★★★★
  • The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable.
    ★★★★★
  • The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement.
    ★★★★★
  • Miller and Zois is the best firm in the state of Maryland, and without their support, understanding, and just being there when I needed encouragement, I truly do not know how I would have succeeded without them.
    ★★★★★