Baltimore Workers’ Compensation Lawyers Discuss Third Party Liability ClaimsNovember 9, 2015
If you are an employee in the state of Maryland and are hurt on the job, you are most likely covered by your employer’s Workers’ Compensation insurance. The advantage of Workers’ Compensation is that benefits are relatively predictable and you are not required to prove that your employer was at fault. However, in exchange for this, the system prevents you from suing your employer for injuries that arise from negligence. The unfortunate consequence of this is a total Workers’ Compensation award that is far below (sometimes less than half) of what you might receive if you were able to file a personal injury claim. This is because Workers’ Compensation does not account for many of the noneconomic damages that often make up a significant portion of a personal injury lawsuit.
Workers’ Compensation covers all of your medical bills plus a percentage of your pay in the form of temporary or permanent disability. It will also pay for vocational rehabilitation in the event that your injury prevents you from returning to the same job. Workers’ Compensation does not allow you to recover any money for pain and suffering, inconvenience or loss of consortium. For seriously injured workers and their families, the suffering caused by pain and other noneconomic losses can be the worst part. When this is the case, it may be possible to recover these losses by filing a personal injury lawsuit in addition to a Workers’ Compensation claim.
There are a number of possible scenarios that may allow you to seek additional compensation outside of your Workers’ Compensation claim. Examples include:
- Motor vehicle accidents – Motor vehicle accidents are the leading cause of work-related deaths in the U.S. If you are hurt in a crash caused by another driver’s negligence, you have a right to file a claim against the at-fault driver.
- Dangerous products – If your injury was caused by a defective product or a malfunctioning piece of equipment, you may be able to file a products liability lawsuit against the manufacturer of the defective part. Likewise, if your injury was the result of exposure to a toxic substance, you can file a lawsuit against the maker of the toxic substance.
- Intentional tort – In certain rare cases, it may be possible to bring action against your employer or another coworker if, for example, the injury was caused by an intentional, reckless or illegal act.
- Premises liability – Injuries that are the result of known hazards on someone else’s property may be compensable under premises liability law. Examples include, but are not limited to, slip and falls, dog bites and faulty maintenance of property.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Represent Injured Workers in Third Party Liability Claims
If you have been denied Workers’ Compensation benefits, or want information on how you can maximize your benefits, we can help. Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton have more than 30 years of experience helping injured workers and their families recover the compensation they need following a workplace accident or occupational illness. Call 844-556-4LAW (4259) today to schedule a free consultation with one of our dedicated and highly skilled Baltimore Workers’ Compensation lawyers. Someone is available to take your call 24 hours a day or you can contact us online.