Can I File a Lawsuit In Addition to a Workers’ Compensation Claim?

Work injuries in any industry or job in Maryland can be debilitating, and they can require an employee to take time off from work for medical care and rehabilitation. In general, employers throughout the state are required to carry workers’ compensation insurance, and there are very few exceptions. You should be able to expect, in most circumstances, that your employer is covered. Accordingly, if your injury arose out of your employment and meets other requirements for compensation, you should be able to seek workers’ compensation benefits. Regardless of whether you work in an office building, in the health care industry, in construction, in a retail job, for an airport or airline, or in another profession, your employer is likely to be required to have coverage.

Assuming you are able to seek workers’ compensation benefits, you might be wondering whether you can also be eligible to file a personal injury lawsuit to seek additional compensation. Generally speaking, workers’ compensation is an exclusive remedy in Maryland, but there are some exceptions to know about. Our Maryland workers’ compensation attorneys can tell you more.

Exclusivity of Compensation Under Maryland Law 

In Maryland, as in most other states, workers’ compensation is an “exclusive remedy,” which means that it is the only remedy an employee can seek against an employer under most circumstances for a work-related injury.

Maryland workers’ compensation law states that “the liability of an employer under this title is exclusive,” and “the compensation provided under this title to a covered employee or the dependents of a covered employee is in place of any right of action against any person.”

In other words, in most cases involving a workers’ compensation claim, you cannot also file a personal injury lawsuit. However, there are some exceptions that you should know about.

Exceptions to the Exclusive Remedy Doctrine 

What are the types of circumstances in which an employee may be able to file a personal injury lawsuit in addition to a workers’ compensation claim? The following are exceptions, meaning situations in which workers’ compensation is not an exclusive remedy:

• Employer intentionally caused the employee’s injury (i.e., the injury did not result from the employer’s negligence or another party’s negligence, but rather resulted from the employer’s intentionally harmful act);
• Third party caused the employee’s injury (such as a customer or client, a negligent driver of a motor vehicle, or a negligent property owner); or
• Employer did not maintain required workers’ compensation coverage.

Contact a Maryland Workers’ Compensation Lawyer 

If you were injured while you were working, it is essential to find out more about your eligibility for workers’ compensation benefits. One of the experienced Maryland workers’ compensation lawyers at the Law Offices of Steinhardt, Siskind and Lieberman, LLC can discuss your case with you today, and we can assist you in seeking workers’ compensation benefits or appealing a denial of benefits. We can also provide you with more information about exceptions to the exclusive remedy doctrine, and we can assess whether your case may allow you to file a personal injury lawsuit in addition to your workers’ compensation claim. Contact us today for more information about how we can help you.

Sources:

law.justia.com/codes/maryland/labor-and-employment/title-9/subtitle-5/section-9-509/

wcc.state.md.us/PDF/Publications/QandA_Emplr.pdf