If you have been hurt at work, you might not be sure whether to file a workers’ compensation claim, a personal injury lawsuit, or both. The right path depends on how the injury happened, who was involved, and what laws apply. While both types of claims can result in compensation, they follow different rules and offer different types of recovery. Our Rockville, MD workers’ compensation lawyer aims to offer clarity and legal guidance so that you can move forward with confidence. Here’s what you need to know if you are dealing with a workplace injury.
When To File For Workers’ Compensation
Workers’ compensation is a no-fault system, which means you don’t need to prove that your employer did anything wrong to receive benefits. If you’re injured while performing your job duties in Maryland, you’re typically covered under the state’s workers’ comp laws. This includes sudden accidents, repetitive stress injuries, and some occupational illnesses. Workers’ comp can provide coverage for medical expenses, a portion of lost wages, and disability benefits.
However, it does not offer compensation for pain and suffering, and it limits your ability to sue your employer directly. Filing a workers’ comp claim is usually the first step when the injury is job-related and doesn’t involve a third party.
When To Pursue A Personal Injury Lawsuit
Unlike workers’ comp, a personal injury lawsuit requires you to show that someone else was at fault. These cases often arise when a third party—not your employer or a co-worker—caused your injury. For example, if you’re a delivery driver hit by a negligent motorist while on the job, you may have a personal injury claim against that driver.
A lawsuit can open the door to a wider range of damages, including full wage loss, future earning potential, and compensation for pain, suffering, and emotional distress. Personal injury claims are handled in civil court and involve different procedures, but they can provide more complete financial recovery in the right circumstances.
Exceptions And Special Circumstances
There are situations where both a workers’ compensation claim and a personal injury lawsuit may be possible. These are called third-party claims, and they happen when someone other than your employer contributes to your job-related injury. Common examples include defective equipment, negligent contractors, or reckless drivers. In these cases, we can pursue a workers’ comp claim for your immediate benefits while also filing a separate lawsuit against the third party responsible.
Maryland also has specific rules that come into play if you’re misclassified as an independent contractor, injured while working off-site, or hurt during travel for work. Each of these scenarios can change how your case is handled and what types of compensation are available.
Get Help Deciding How To File
If you’ve been injured at work or by someone else’s negligence, you don’t have to guess which type of claim applies. Contact Antezana & Antezana, LLC today to schedule your free consultation. We’ll review your case, explain your options, and help you take the right legal steps forward. Founded in 2001, our law firm specializes in both personal injury and workers’ comp claims, so you can rest assured that your case will be handled by knowledgeable and experienced attorneys. There is no fee unless we in your case. Call now, risk-free, and see how our legal team can secure maximum financial compensation for your claim.
The post Personal Injury Vs. Workers’ Comp Claims appeared first on Antezana & Antezana LLC.