Legal Question in Personal Injury in Maryland
Auto Accident While Working
I was involved in an auto accident while working which resulted in my breaking my neck. I made a workmen's comp claim, but I am finding that some areas that I feel should be covered are not. I was forced back to work after 11 months, and I am in continuous pain. My job is in construction, and I am not able to do all the functions required. My employer laid me off after 3 months.
The accident was a result of too much weight in the back of the truck.The weight of the equipment exceeded the manufacturer's recommendations per the vehicle's manual. I did not initally make a claim against the company as I felt that they would support me. I now realize that I should not have showed such respect for this company. Do I have any chance of suing them for pain and suffering and negligence at this point. They immediately took the truck off the accident site, and as my family was so concerned about my well being, they did not get any physical evidence.
2 Answers from Attorneys
Re: Auto Accident While Working
Under the workers' compensation law, you are entitled to all of the benefits of that law, but as a consequence, you cannot bring a suit against your employer on an ordinary negligence theory. However, if another party caused the accident, you can certainly make a claim against that party, although any recovery obtained would be subject to a payback of some of the benefits you got through workers comp.
The workers' comp benefits include a claim for permanant disability if you do not make a complete recovery in the opinion of your treating physician. Given the seriousness of your injury, you will probably be entitled to a disability rating, entitling you to such benefits. This is in addition to any other benefits you've already received, such as compensation while you were unable to work, medical benefits, etc. You would also be entitled to have the workers' comp insurance pay for retraining in a less strenuous occupation if you're no longer able to do construction.
I strongly urge you to seek legal assistance. I would be happy to discuss this matter further with you at no expense to you.
Robert Sher
(301) 986-4555
Re: Auto Accident While Working
As a result of accepting worker's compensation benefits, you
have waived your right to sue your employer for negligence. However, you
may have an action against the party that overloaded the vehicle. This is a fact based
inquiry that involves legal issues and you should discuss this with an attorney. Other remedy may be
available under worker's compensation and you may also have an employment claim. Consult with an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
