Maryland workers’ compensation laws provide compensation for on-the-job injuries. Getting a recover in these cases is usually not difficult.
But the problem is that workers’ compensation claims largely ignore pain and suffering damages. In a serious injury case, the worst harm is almost invariably the pain and suffering of the victim. This means in a workers’ compensation case, you are getting less than half – often far less than half – of the value of your claim because it is a workers’ compensation claim.
If your injuries were exclusively caused by your employer’s negligence, there are only rare instances where you can still maintain an action against your employer directly. But if there is another person or company responsible for your injuries, you may be able to bring both a workers’ compensation claim and a third party negligence claim against the responsible party. In these cases, you can get your workers’ compensation benefits and get the pain and suffering and other damages that you can get in a civil lawsuit.
Many of the largest cases we have handled are in these two claim cases. Below we discuss some of the more common "two claim" scenarios.Workers’ Compensation Motor Vehicle Accident Claims
The most common compensation claim and third party civil lawsuit claim is in motor vehicle collision cases. If you are injured in a crash and you are not responsible, you have both a workers’ comp claim and a civil lawsuit against the at-fault driver (who might also be a coemployee if you are a passenger).
We have dedicated an entire page to this scenario here.Multiple Parties Involved on the Job
The most common type of non-auto workers’ compensation and third party injury or wrongful death cases that our law firm sees are those where there are multiple parties involved on the work site.
The potential pool of third-party tortfeasors in these cases is virtually limitless. We handled one case where a boiler exploded because it was defectively designed. We handled another claim (against Disney) where the plaintiff was asked to break down and move the set of a stage production with a poorly designed cart. Another claim that we filed was against a company when our client was helping to move steel trusses and dropped one on our client. The list goes on and on.Premises Liability Cases
Premises liability laws make sure visitors and guests are safe when they are on someone else’s property, particularly when they have been invited on the property as workers or guests. This requires the landowner or occupier to take reasonable precautions to keep the visitors safe and to warn of potential hazards.
Common examples of third party on-the-job injury cases are slip and falls on unsafe surfaces, dog bites, negligent security, and faulty maintenance of the premises.
- Media article on Miller & Zois workers’ compensation slip and fall verdict for $537,000.
- Average premises liability verdict in Maryland.
This is another type of cases we see all too frequently. The employee gets injured on the job and goes to get treatment and the doctors commit medical malpractice in treating the patient. You can learn more about these cases here.What to Do If You Need a Maryland Attorney for Your Claim
If you have a suffered an injury on the job or have lost a loved one from an on-the-job injury, call us today at 800-553-8082. You can also get a free no obligation consultationRelated Information for Victims