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Can I Sue My Employer For A Work-Related Injury in Maryland?

Can I Sue My Employer For A Work-Related Injury in Maryland?

Can I Sue My Employer For A Work-Related Injury in Maryland?

Workplace injuries happen every day. They can cause pain, disability, and even death. If you suffer an injury at work, you may be entitled to compensation under workers' compensation laws. However, you may not be able to sue your employer for damages. That's because employers are immune from civil lawsuits unless they violate certain state regulations.

In order to file a lawsuit against your employer, you must first prove that your injury was caused by negligence. Negligence means that your employer failed to exercise reasonable care to protect you from workplace hazards.

If you believe that your employer has been negligent, contact our workers' compensation law office immediately. We offer free consultations.

Local medical facilities that offer care for common workplace injuries:

What Am I Entitled to After a Maryland Workplace Accident?

Work accidents can cause serious injuries and leave workers disabled. If you were injured at work, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more.

Injured workers deserve fair treatment after an accident occurs. That's why it's critical to speak with an experienced personal injury lawyer right away.

An attorney can help you understand your rights and protect your interests. An attorney can negotiate with insurance companies and employers to ensure you receive maximum benefits.

After a workplace accident, you may be eligible to file a claim against your employer or its insurer. This means you may be entitled to worker's compensation benefits.

Maryland law entitles injured employees to certain benefits, such as medical care, temporary disability payments, and permanent disability payments. These benefits are based on your salary and length of employment. For example, if you worked for ten years, you would be entitled to $50,000 in total compensation. However, these benefits are subject to limits. For instance, you cannot collect any amount over $500,000.

What Are Common Injuries Employees Suffer in Maryland Workplaces?

Injuries happen every day at work. They can range from minor injuries such as sprained ankles to serious injuries such as broken bones. Some injuries may be preventable, but others cannot be prevented. This means that employees must learn how to protect themselves against these types of injuries.

Here are some of the most common workplace injuries:

Sprain Ankles

Ankle sprains occur when ligaments in the ankle tear. If you suffer an ankle sprain, you may notice swelling, pain, bruising, and difficulty walking.

Back Injury

Back injuries are another common injury among workers. Most back injuries result from lifting heavy objects or working too much without breaks.

Carpal Tunnel Syndrome

Carpal tunnel syndrome occurs when tendons in the wrist become inflamed. Symptoms include numbness, tingling, and weakness in the hand.

Shoulder Dislocation

Shoulder dislocations occur when the ball or socket of the shoulder becomes dislocated. This happens when the arm is forcefully pulled away from the body.

Neck Strain

Neck strains occur when muscles in the neck tighten. These tight muscles cause discomfort and pain.

Fractures

Fractures are bone breakages. Some fractures heal quickly, while others may require surgery.

Eye Problems

Eye problems are very common at work. Many eye conditions can be treated easily, but some require immediate treatment.

When Can You File a Claim Against Your Employer?

Many workers file claims against their employers every year. Some of these claims are legitimate, such as those filed by employees who were discriminated against based on race, gender, religion, sexual orientation, disability, or national origin. Other claims may be frivolous, such as those filed after an employee was fired without cause.

In either case, filing a claim against your employer can be expensive. So, when can you file a claim against your employer? And what happens if you don't file one within the required timeframe?

Generally speaking, most states allow you to file a claim against your former employer within 30 days of leaving employment. However, if you left employment involuntarily, such as if you were fired, you usually cannot file a claim until 60 days after you leave employment. It's important to note that the deadline to file a claim does not apply to discrimination cases. For example, if you were fired due to your race, gender, religion, or sexual orientation, you can file a claim immediately.

Should I Sue My Employer?

Here are three things to think about when considering suing your employer for a workplace injury.

What Type of Injury Did I Suffer?

In order to file a claim against your employer, you first need to determine what type of injury you suffered. This is called determining the nature of your case.

There are two types of cases:

  • personal injury claims - these involve injuries that occur away from the workplace. For example, if you slip and fall on the sidewalk, you would probably have a personal injury claim. 
  • workers' compensation claims - these involve injuries sustained at work. For instance, if you slipped and fell on the floor of your boss's office, you would most likely have a workers' compensation claim.

Was My Workplace Safe?

You need to ask yourself if your workplace was safe. There are three factors to consider here: 1) did my employer provide me with proper safety equipment? 2) did my employer properly train me on the safety procedures? And 3) did my employer follow its own policies regarding safety?

For example, if you were working on a construction site and were hit by a falling piece of lumber, you would probably have an unsafe workplace claim. On the other hand, if your employer provided you with safety goggles and you were hit in the eye by flying debris, you would probably have either a personal injury or a workers' compensation claim depending on the severity of your injury.

How Much Money Do I Need To File a Claim?

Finally, you need to decide how much money you need to file a claim. This depends on several factors, such as the amount of medical bills you incurred, the extent of your disability, and the length of time you were unable to perform your duties.

To calculate these amounts, you should contact an experienced attorney. Remember, filing a lawsuit against your employer for a work accident isn't something you should attempt without legal advice. A lawyer can advise you on the best course of action based on the facts of your case.

What to Do If a Third Party Is Liable for Your Workplace Injury?

Workplace injuries happen every day. They affect millions of Americans each year. Unfortunately, most workers don't realize that third parties may be liable for workplace injuries.

This means that if an employee gets hurt at work, the employer may owe workers' compensation benefits to the injured worker. However, employers often aren't aware of this liability until after the injury occurs. This leaves employees without any legal recourse against the responsible party.

Fortunately, there are steps that employers can take to protect themselves from potential liability. Employers can learn more about these protections by contacting an experienced personal injury lawyer.

Employees who suffer workplace injuries typically receive medical care and disability payments from their employer's insurance carrier. However, sometimes an employer doesn't provide adequate coverage. This means that the injured employee has no source of funds to pay for their medical bills. 

As a result, the injured employee may file a lawsuit against the responsible party. But if the employer isn't insured, the employee won't be able to collect damages. However, if the employer had workers' compensation insurance, the insurer would cover the costs associated with the employee's medical treatment and disability payments.

So if a third party owes workers' compensation benefits to an injured employee, the employee should contact an attorney immediately. An attorney can advise the employee whether they have a case against the responsible party and whether the employee needs to pursue a claim against the employer.

Get Help After An Accident At Work

Accidents occur in all work environments, from construction sites to factories; they can occur any place at any time. If an accident happens at work, you may be entitled to workers' compensation benefits. Workers' compensation insurance covers medical expenses, lost wages, and disability payments after an injury occur at work. 

A qualified worker's compensation attorney can provide valuable advice and guidance regarding your legal rights and obligations. The staff at Maryland Injury Guys will review the facts of your case and advise you whether you qualify for workers' compensation benefits. They will also explain your rights under the law and help you determine whether you should pursue a lawsuit against the responsible party.

Contact our local injury law offices for a free case consultation

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Aaron Blank Esq
Date Published: July 19, 2022
Aaron Blank is a patient safety advocate who holds the healthcare system responsible when it fails. He keeps businesses accountable if they choose profits over the safety of the community, and he ensures car insurance companies pay their fair share for the harm that reckless drivers cause. Aaron and his proficient legal team bring an approach based on dedication, guidance, and compassion through the difficult process of pursuing serious injury claims. He has dedicated his career to fighting for injury victims to recover losses from medical expenses, lost income, loss of enjoyment of life, or the loss of a loved one.
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This website is by Blank Kim P.C. d/b/a Maryland Injury Guys. We have offices throughout Maryland with attorneys licensed to practice law in the state of  Maryland. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel to prosecute cases. This website has not been approved by the Court of Appeals of Maryland or the Maryland State Bar. Cases may be co-counselled or referred to other firms for litigation.
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