Maryland Workplace Accident Attorney
There are approximately 2.9 million workplace injuries and illnesses every year reported by private employers, according to the Bureau of Labor Statistics. These injuries and illnesses do not include millions of other minor incidents, and the countless others that simply are not reported to the employer. In fact, OSHA believes that only half of severe injuries are even reported. In most cases, workers’ compensation should cover the injured or ill worker’s partial wage replacement as well as medical care. Workers’ compensation is a terrific, no-fault form of coverage for employees, but it does not include non-financial damages, such as pain and suffering, and it only covers partial wage replacement. This means that an employee can still suffer serious financial harm all because of an injury they did not cause and were not responsible for. However, if a third party was involved in your injury on the job, you may be able to receive workers’ compensation as well as financial compensation from that third party. Our experienced Maryland workplace accident attorneys of Frame & Frame would be glad to explain how this process works to you during a free consultation.
While workers’ compensation is often the only source of benefits available for an on-the-job injury, there are times when a third party (someone other than the employer or the employee) is responsible for the accident. In those situations, compensation on top of workers’ comp benefits may be available. The attorneys at Frame & Frame are experienced in all manners of Maryland workplace accident claims and help injured workers get the maximum compensation available to help them with their medical and living needs, from obtaining Maryland workers’ compensation benefits to pursuing civil negligence claims in appropriate situations.
Third Party Liability for Injuries on the Job
In order to bring a personal injury claim resulting from a workplace injury or illness, a third party must have been responsible for causing the incident. You cannot file a personal injury claim against your employer and win unless their actions were intentional or egregious, both of which are rare. More commonly, personal injury claims are successful when brought against a third party (someone other than your employer), such as a driver who hit you while you were driving while on the clock. Examples of a negligent third party who could be sued include the following:
- Negligent driver who hit you while you were walking across the parking lot to work, while you were making deliveries on the job, or who hit you while you were working on a road construction site;
- A negligent property owner who failed to warn you about a dangerous condition. For example, you were fixing their air conditioning unit and they failed to restrain their attack dog or they failed to warn you about a dangerous set of dilapidated stairs;
- The manufacturer of a defective auto part, tool, or machinery that caused your injury.
In Maryland, employees can obtain workers’ compensation benefits for an accidental injury that arises out of and in the course of employment. Not every workplace injury is eligible for workers’ compensation, and employers and their workers’ comp insurance carriers may look for any way they can to deny or underpay a valid claim. The law firm of Frame & Frame in Pasadena and Stevensville has been helping injured workers for more than 50 years get the full amount of workers’ compensation they are entitled to. Additionally, where a third party is liable for causing the accident, our experienced personal injury lawyers will go after that third party and hold them accountable for their negligence, further maximizing the compensation for our clients. Below are just some of the ways a third party may be liable for negligence in causing an accident on the job:
- You are driving for work, such as making deliveries, picking up supplies, or traveling between job sites, when you are struck by a speeding, negligent or distracted driver.
- You are working off-site on the property of another, and you are injured due to a dangerous condition on the premises that the property owner knew about yet failed to warn of or fix
- You are injured by a defective tool or piece of machinery, or the failure of safety equipment, that was defective at the time it was designed or manufactured
In all of these situations, the injured worker may pursue a negligence claim against the responsible third party, in addition to filing a workers’ compensation claim. While it is not necessary to prove fault in order to receive workers’ compensation, in a negligence claim the burden is on the injured worker to prove that the other party’s negligence or fault caused the injury. At Frame & Frame, our attorneys are experienced in investigating, preparing and presenting a strong case that proves the other party’s liability. We know that injured workers and their families need all the help they can get, and we strive to obtain the maximum in compensation for our clients from all available sources.
The Added Benefits of Filing a Personal Injury Claim
Workers’ compensation covers partial wage replacement (typically up to two-thirds of your average weekly wages) as well as medical care provided by an in-network physician. Workers’ compensation can be received relatively quickly, compared to a settlement or lawsuit award, which is a benefit to an injured worker who needs to rely on workers’ comp immediately. However, damages workers’ compensation fails to cover, but a personal injury claim does cover, includes the following:
- Pain and suffering;
- Emotional distress;
- Lost earning capacity;
- Full payment of lost wages;
- Medical services not covered under workers’ compensation; and
Get Help from Compassionate, Dedicated and Successful Maryland Workplace Injury Attorneys
If you suffered a workplace accident that left you with a serious injury or illness, and you were not at fault, an attorney can help. Our Maryland workplace accident attorneys will conduct an investigation into the negligent third party’s actions, and ensure that you are compensated for your suffering.