Legal Question in Civil Litigation in Maryland

Civil vs comp question

I was involved in a work injury on 4/98. I have been involved with workers comp since then with no results to date except the company I work for finally stated last novemeber that they have reponsibilty for my injuries. I have asked since i started this claim, if I should be also filing a civil suit for negligence. my lawyer never seems to answer that question. The company failed to send 911 assistance after we repeated requested it. They sent an employee from our office 25 miles from where we were to check on us. Once there they were notified that I was unconcious, care was called. The person they sent also worked for my company (an ambulance critical care transport service)The medic that arrived failed to treat me iaw md protocol for toxic gas inhalation. I was also advised that our mechanic that worked on the vehicles was not a certified diesel mechanic. Should I be contacting a civil lawyer to bring a suit against them to assure no one else is hurt as bad as i was. I have been told, but am unable to verify this by a current supervisor their that they currently are involved in 158 safelty injuries. They are mad because i did not settled immediately like most of the others.


Asked on 5/01/02, 1:14 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Civil vs comp question

Your ability to file a separate civil action for an on-the-job-incurred injury depends on the status of the party responsible for causing the injury. It must be someone independent of your employer. If the mechanic who, you contend, negligently serviced the vehicle, was a fellow employee, he is protected by the empoyer's immunity from suit in a worker's comp scenario. If he's an independent contractor, you can sue him, but if he's not covered by insurance, it's probably a waste of time.

As to the delay in treatment that you allude to, you would have to be able to establish through medical testimony that it impacted on the severity of your injuries or the course of your recovery.

Bear in mind that if you did successfully sue and recover in a civil action from a negligent party, or settle with them, you have to pay part of your worker's comp benefits back, since the comp carrier has a lien in that situation.

You should have received all medical benefits frm the date of injury through worker's comp and also temporary total disability equivalent to 2/3 of your pay before taxes for as long as you were unable to work as certified by your treating doctor.

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Answered on 5/01/02, 12:09 pm


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