Can I Sue My Employer if I Am Injured On The Job?

by Justin Katz

If you are injured on the job in Maryland, you may be able to recoup some of your losses through the state workers’ compensation program, which pays monetary benefits to qualifying employees.

However, Maryland workers’ comp does not cover all of the losses that you may experience in an on-the-job accident. For this reason, many victims wonder whether they have additional rights – either instead of or in addition to the options provided by workers’ compensation laws. The details can be extremely complicated, which is why you should consult with a Maryland personal injury lawyer to ensure you pursue all legal remedies available by law. An overview of the general concepts may also be helpful.

Default Rule Under Maryland Workers’ Compensation Laws

Subject to the exceptions described below, all qualifying employees are covered by the state workers’ comp system when they suffer work-related injuries or develop occupational illnesses. It is not necessary to prove that your employer was negligent in allowing a dangerous condition to persist since workers’ comp laws are not based upon fault. If you are eligible, you can file a claim with your employer’s workers’ comp insurance company to receive the benefits established by law. Depending on your circumstances, you may be entitled to amounts for medical costs, wage replacement, and temporary or permanent disability payments.

However, the caveat for not having to prove the fault is that filing a workers’ comp claim is usually your sole and exclusive remedy. Additionally, your benefits are determined according to Maryland’s statutes. In most cases, you are barred from seeking monetary damages from the employer in civil court, which means you are also unable to seek a key component of compensation: Amounts for your pain and suffering, termed non-economic damages in the practice of law.

Exceptions to Workers’ Comp as the Sole Remedy

There are certain scenarios under which Maryland workers’ comp statutes deviate from the default rule, as the law carves out exceptions where an injured worker is allowed to sue for civil damages. They include:

• Failure to Procure Insurance: All Maryland employers are required to obtain workers’ comp insurance through an approved provider, and non-compliance could lead to a $10,000. Importantly for an employee with a work-related medical condition, the failure also acts as an exception to the sole remedy rule.
• Intentional Acts: If you were hurt or developed an occupational disease through intentional misconduct of your employer, you are not bound to workers’ comp laws. Deliberate, harmful, and criminal acts take your circumstances out of the workers’ comp system, so you can file a civil lawsuit.
• Third-Party Claims: In many professions, you come into contact with individuals and entities on a regular basis in the performance of your job. You may have exchanges with partners, interactions with vendors, and encounters with other third parties, which could be potentially dangerous. If a person or organization unaffiliated with your employer causes injuries or a work-related medical condition, workers’ comp is not your exclusive remedy.

Examples of Workplace Accidents That Give Rise to Civil Claims

To better understand the exceptions to the default rule of workers’ comp as a sole remedy, some examples may be helpful. You may have grounds to sue your employer in civil court if:

• Your employer knowingly allowed dangerous conditions to exist in the work environment;
• The company willfully violated regulations established by the Occupational Safety and Health Administration (OHSA) or other workplace safety agencies; or,
• You suffered injuries in an assault by another employee, and your employer should have known the potential for an attack.

In addition, you may have legal rights against other parties after sustaining a medical condition due to work-related factors. For instance:

• You could file a civil lawsuit against another contractor or subcontractor that caused an accident at work;
• It is possible to sue a negligent driver who caused a motor vehicle accident when you were driving for work purposes; and,
• You might have rights against the manufacturer, seller, or other organization regarding a defective product in the workplace if a malfunction caused you bodily harm.

Compensation for Your Losses as an Injured Employee

If you do qualify to file a civil lawsuit in connection with a work-related injury or occupational disease, there is a wide range of damages available to you under Maryland law. You may be entitled to the following as compensation:

• Costs for medical care, including surgery, hospitalization, physical therapy, pain medications, and other treatment;
• Your lost wages if you are unable to work because of your medical condition;
• Future earning capacity and lost business opportunities;
• Pain and suffering;
• Emotional distress;
• Losses based upon how your injuries affect your relationships with a spouse, children, and other loved ones; and,
• Many other amounts.

Note that you also have rights if you lost a loved one because of a work-related medical condition, a situation in which the exceptions do apply. You can recover for your losses through a wrongful death action if you are a surviving spouse, child, or parent of the deceased victim. If none of these primary beneficiaries is alive, further distant relatives can recover compensation if they were substantially dependent upon the victim for support.

Discuss Your Legal Remedies with a Maryland Personal Injury Attorney

In most cases, it is advisable to consult with an experienced lawyer about your rights after a work-related injury. While a civil lawsuit might be the preferred option for seeking compensation for your losses, that option may or may not be available to you, depending on the facts of your particular situation. To learn more about your rights as the victim of a workplace accident, reach out to us at Bob Katz Law. We can schedule a consultation at one of our Maryland offices to discuss your circumstances and explain your legal options.