Can I Sue My Employer for Negligence?

When You Can Sue Your Employer

Although workers’ compensation is the primary remedy, there are rare situations where an employee can sue their employer. These exceptions include:

Intentional harm: An employee may sue if an employer deliberately intended to cause injury, such as through a physical assault. In Maryland, this exception is extremely narrow and generally requires proof of a specific intent to injure. Conduct that is merely dangerous, reckless, or negligent typically does not qualify.

Failure to carry workers’ compensation insurance: Employers in Maryland must provide workers’ compensation coverage. If an employer illegally fails to carry insurance, injured employees may sue for damages in civil court.

These exceptions are limited and require strong evidence. Consulting an attorney helps determine whether your case falls into one of these categories and what legal steps to take.

Third-Party Claims

Even when you cannot sue your employer, you might have a claim against a third party. If someone outside your company, such as a contractor, product manufacturer, or driver, contributes to your injury, you may pursue a personal injury claim against that person or company.

For example, if a defective machine causes a workplace accident, you may sue the manufacturer for product liability. Similarly, if a delivery driver for another company hits you while you’re working, you may have a case against that driver’s employer.

These third-party claims allow injured workers in Maryland to recover damages beyond what workers’ compensation provides, such as pain and suffering.

Benefits Provided by Workers’ Compensation

Understanding what workers’ compensation covers is important for injured employees. Benefits typically include:

Medical expenses: Workers’ compensation pays for necessary medical treatment related to the workplace injury, including doctor visits, surgery, medications, and rehabilitation.

Partial wage replacement: If you cannot work due to your injury, you receive a percentage of your average weekly wage. This partial wage replacement helps you maintain financial stability while recovering.

Permanent disability benefits: In cases where injuries cause permanent impairment, workers may be eligible for additional benefits. The amount depends on the severity of the disability and its impact on future earning capacity.

Vocational rehabilitation: When injuries prevent a return to your previous job, workers’ compensation may provide training or assistance to help you find new employment.

These benefits aim to support workers until they can return to work or adjust to a new role. While comprehensive, they may not cover all damages, which is why some injured employees consider legal action against third parties or under the limited exceptions mentioned earlier.

Protecting Your Rights After a Workplace Injury in Maryland

In Maryland, workers’ compensation laws generally prevent employees from suing employers for negligence. Only under special circumstances, such as intentional harm or an employer’s failure to carry workers’ compensation insurance, may lawsuits proceed.

However, third-party claims and workers’ compensation benefits still offer avenues for compensation. If you are injured at work in Maryland, consulting a local personal injury lawyer ensures you understand your rights and take appropriate action.

For more information, please contact Alpert Schreyer Personal Injury Lawyers to schedule a confidential consultation with a personal injury lawyer. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.

We proudly serve Charles County, Prince George’s County, and its surrounding areas. Visit our law offices at:

Alpert Schreyer Personal Injury Lawyers – Waldorf Office
8 Post Office Rd Waldorf, MD 20602
(301) 932-9997
Available 24/7

Alpert Schreyer Personal Injury Lawyers serves injured clients throughout Maryland. Our offices are conveniently located in Lanham, Waldorf, Frederick, and Rockville. We also serve Accokeek, MD; Annapolis, MD; Baltimore, MD; Bowie, MD; College Park, MD; California, MD; Columbia, MD; Frederick, MD; Hughesville, MD; Huntingtown, MD; Landover, MD; LaPlata, MD; Laurel, MD; Lexington Park, MD; Mechanicsville, MD; Upper Marlboro, MD; Prince Frederick, MD.