Legal Question in Personal Injury in Maryland
Can a Workers Comp Injury be the Basis for Personal Injury Claim?
I sustained a permanent partial disability to my upper and lower back in Jan. '99. I was a middle school science teacher and one of my students intentionally took a few screws from my desk and left it to later collapse on me after class. I filed a workers comp claim, which paid a percentage of lost wages a few years ago. Now it only pays for 2 of my meds and an occasional dr. visit. I filed separately and now receive minimal Social Security disability benefits. My question is: Can I now file a personal injury claim against the school system, since I am still suffering with my back condition; despite the workers comp history with the same injury? Case in point-- I recently underwent lower back surgery on 10/30/07 and was hospitalized for 8 days. I now have new meds, physical therapy and a hospital bill for $38K and a neurosurgeon bill for $5K because the dr. and hospital were out of network for my Medicare. Please advise.
2 Answers from Attorneys
Re: Can a Workers Comp Injury be the Basis for Personal Injury Claim?
General rule is: you can't sue your employer if you are injured on the job and your employer has worker's comp coverage. You can sue the boy who removed the screw or possibly even his parents. You would want to argue that he was negligent or reckless as intentional torts are not usually covered by insurance. If the boy's parent's own a home it is very possible there could be coverage that could pay your claim. Rex Bush www.utah-personal-injury-attorney.com
Re: Can a Workers Comp Injury be the Basis for Personal Injury Claim?
You could sue your employer under certain conditions; however, your situtation does not appear to be such. Even where you could sue your employer you have accepted worker compensation and, in most instances, once worker compensation is accepted you are no longer able to sue an employer for primary causation. Where a suit is brought the worker compensation payments would be reimbursed from any tort recovery. If you feel that your worker compensation claim has not been properly administrated you should contact an attorney.
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