A Maryland Workers’ Comp Claim with a Third-Party Claim — One Accident With Two Claims

When you are injured at work in Maryland, you should be entitled to workers’ compensation benefits. In most cases, injured employees are only entitled to receive the benefits provided by Maryland’s Workers’ Compensation laws. Workers are not permitted to sue employers for compensation for other damages, except in very limited and narrowly defined situations. The protection against lawsuits by injured workers is one of the benefits employers enjoy under the workers’ comp system. Workers injured while on the job have the benefit of receiving immediate medical care and wage assistance without the necessity of a prolonged, contingent claims process.

Unfortunately, workers’ compensation benefits do not cover all damages a worker may incur because of a work-related accident. Workers’ comp benefits to not pay 100 percent of your lost wages, nor does it pay any compensation for your pain and suffering.

To ensure you receive all benefits you are entitled to receive under Maryland’s Workers’ Compensational laws and any related personal injury laws, we encourage you to contact our office. The Pinder Plotkin Legal Team can review your case during a free consultation to determine if you are entitled to additional benefits. Call 410-525-5337 to request your free case review with a Maryland workers’ compensation lawyer.

Filing a Worker’s Compensation Claim After a Work-Related Injury

Let’s assume that a driver rear-ends a delivery vehicle. The delivery driver was within the scope of work because he was making deliveries on his route. Therefore, the delivery driver immediately reports the accident to his employer to file a workers’ compensation claim. The workers’ compensation insurance carrier pays the delivery driver’s medical bills.

If the driver misses work because of the injury, he is also entitled to receive wage benefits as part of his Maryland workers’ compensation claim. Workers’ comp benefits allow the driver to receive temporary total disability payments equal to two-thirds of his average weekly wages that do not exceed the maximum average Maryland weekly wage while he is out of work recovering from the accident.

However, workers’ compensation does not reimburse an injured worker for all lost wages. Furthermore, workers’ comp benefits do not reimburse the delivery driver for physical pain, emotional suffering, and other out-of-pocket expenses related to the injury. If the driver sustains a partial impairment, workers’ compensation laws limit the amount the worker may recover for a permanent impairment or disability.

Therefore, the injured driver may also need to file a third-party claim for his work injury under Maryland’s personal injury laws to recover full compensation for all damages related to the on-duty traffic accident.

Obtaining Additional Compensation With a Third-Party Claim

In some cases, an injured worker might receive additional compensation for damages by filing a third-party personal injury claim. Our Parkville workers’ compensation attorneys investigate each claim to determine if the injured employee may have a claim against a third party, in addition to the worker’s compensation claim for a work-related injury.

In our example above, another driver rear-ended the worker’s delivery van. Therefore, under Maryland’s personal injury laws, the injured party may seek compensation for damages from the at-fault driver. The delivery driver can file a personal injury claim against the other driver to see additional compensation for lost wages, loss of earning capacity, physical pain, emotional suffering, permanent disability, personal care, future damages, and other losses that are not covered by a Maryland workers’ compensation claim.

It is crucial to explore a third-party claim in addition to a workers’ comp claim because the compensation in a third-party claim can be substantial. Depending on the circumstances and the severity of the injury, an injured worker could be entitled to receive tens or hundreds of thousands of dollars in a personal injury case that the worker would not receive by filing a workers’ compensation claim alone.

Hiring a Law Firm With Workers’ Comp and Personal Injury Experience

When hiring a Maryland workers’ compensation attorney, you want to hire a firm that has extensive experience in handling workers’ comp claims. However, it is also beneficial to hire a team like the Pinder Plotkin Legal Team who are experienced workers’ compensation lawyers and personal injury attorneys. Our lawyers carefully review each claim to determine whether a third-party claim may be filed in conjunction with a  workers’ compensation claim. Our goal is to pursue all available claims related to the workplace injury to maximize the amount of compensation you can receive for your injuries, losses, and damages. We have the experience and recently obtained $1.1 million for a client that was injured by a third-party in the course of employment.

Because the deadlines for filing claims and other documents differ between a workers’ compensation claim and personal injury claim, it is best to contact our office as soon as possible to discuss your options. The Pinder Plotkin Legal Team will develop a strategy to give you the best chance of recovering full compensation for all damages.

Contact Pinder Plotkin LLC at 410-525-5337 to schedule a free consultation with a Maryland workers’ compensation lawyer to discuss your case.



The information provided in this website is provided for informational purposes only, and should not be construed as legal advice on any subject. The information contained in this blog is also subject to change and should not be relied upon. Contact the Pinder Plotkin Legal Team for a FREE consultation.

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