Workplace injuries in Maryland can be complicated.
In most cases, an injured employee is eligible for workers’ compensation benefits to cover medical care and a portion of lost wages while they heal. In certain situations, an injured worker may have a right to pursue a personal injury lawsuit against someone other than their employer.
Workers’ compensation and personal injury claims each have their own rules. A knowledgeable personal injury lawyer can review the circumstances of your work-related injury and evaluate workers’ comp vs personal injury during a free consultation.
Let Greenberg Law Offices help you understand which claim is appropriate and guide you through the legal process.
What Is a Personal Injury Claim?
A personal injury claim arises when another party’s negligence or wrongdoing harms some-one else.
In these cases, the injured person must prove that the other party was at fault for the accident and that the other party’s negligence caused the injuries. Common examples include motor vehicle accidents, slip-and-fall incidents, and medical malpractice.
Personal injury claims generally allow the injured party to pursue compensation for various losses, including medical expenses, lost wages, pain and suffering, and emotional distress. A personal injury case involves negotiations with insurance companies or litigation in court.
What Is Workers’ Comp?
Workers’ compensation in Maryland is a no-fault system that provides benefits to employees who are injured on the job or develop job-related occupational illnesses. Most Maryland employers are required by law to carry workers’ compensation insurance. Eligible employees can receive benefits such as paid medical care regardless of who caused the accident. Workers’ comp can cover:
- Medical Bills – Workers’ comp pays for necessary medical treatment, including doctor visits, hospital care, surgeries, and medications related to the injury.
- Wage Replacement – If an injury prevents you from working, workers’ comp provides partial wage replacement during your recovery.
- Permanent Disability – Employees who suffer lasting impairments may receive bene-fits to compensate for the disability caused by the work injury.
- Vocational Rehabilitation – Workers who cannot return to their previous job may get training or support to help them find suitable employment.
Key Differences Between Workers’ Comp and Personal Injury: Fault, Eligibility, and Compensation
The main difference between workers’ comp and personal injury claims is eligibility and proof of fault.
Workers’ compensation is available only to covered employees injured while performing their job duties. The workers’ compensation system does not require an injured worker to prove fault. Employees who are eligible for workers’ compensation benefits are generally barred from suing their employers for additional compensation.
Personal injury claims require that the injured party prove someone else acted negligently and caused their injury. It can provide broader potential compensation. An experienced personal injury lawyer can help determine which options are available to you and advocate for the maximum compensation available.
When You Might Have Both Options
In special circumstances, you may be eligible to pursue both a workers’ compensation claim and a personal injury claim. When someone other than your employer caused your injuries, you may be able to pursue additional compensation through a personal injury claim.
For example, if your job duties involve driving and you’re injured in a car accident by a careless driver, you may receive workers’ comp benefits from your employer’s workers’ compensation insurance carrier while also pursuing a separate personal injury lawsuit against the at-fault driver.
How a Personal Injury Lawyer Can Help
If you’re injured at work in Maryland, you need to understand your legal rights and options to seek fair compensation.
A personal injury lawyer can help you understand the difference between workers’ comp and personal injury claims. The experienced personal injury attorneys at Greenberg Law Offices have over 60 years of experience helping injured workers with workers’ comp claims and personal injury claims.
Call us today for your free case review and get the support you need after a workplace injury.
