Legal Question in Workers Comp in Maryland
Workmans Comp case or MVA case?
I work for a car dealer and I went on a test drive with a customer 2 days ago. While on the test drive the prospective customer drove the viehicle in front of another car which was traveling at about 50 miles an hour. I'm not sure either one of the cars had a stop sign. I was setting in the back seat and got injured. I'm now having all kinds of pain and soreness from the accident. I went to work today with the intention of going to the DR. The manager got mad at me a soon as I got to work, he thought I should have came in early and worked extra hours. I told him I was sore from the accident. He told me if I was disabled to get a box and clean my desk out and leave, basicaly saying that if I'm going to claim I was hurt I was fired. Becuase of that I didn't ask to go to the Dr even though my injuries seemed to be hurting more.
Did I give up my right to workmans comp because I didn't go to the Dr. in a timely manner. Tomorrow will be the 3rd day since the accident.
I not sure if this is a workmans comp claim or a Motor viehicle insurance claim?
Thanks for an information.
3 Answers from Attorneys
Re: Workmans Comp case or MVA case?
You probably have both a worker's comp claim and claims against one or both of the drivers involved in the accident. It is not too late to see a dr. Moreover, if the injury is covered by worker's comp. it is illegal for your employer to threaten to fire you because you intend to make a claim.
Re: Workmans Comp case or MVA case?
You have two distinct but related claims. Since you were in the course of your employment, you have a worker's compensation claim, and to protect that you need to file a notice of claim with the Workers' Compensation Commission right away. There are forms for doing this, and I'd be happy to assist you if you like. By the way, it's illegal for an employer to react to your claim as your boss did; that is, to take disciplinary action against an employee for making a claim.
You should also go to the doctor as soon as possible to get treatment for your injury. A doctor's input is essential to establish the validity and extent of your injury. The worker's comp carrier that insures the dealership is responsible for paying all medical bills reasonably related to the injury. If the doctor keeps you out of work due to the injury, the carrier must also pay 2/3 of your gross income during the recovery period.
You also have a negligence claim against the at-fault driver in the accident. That claim would be made against his/her auto insurer. Hopefully you obtained insurance information at the accident scene; if not and there was a police report, that should contain that information. On the negligence claim, you would be entitled to recover damages for pain, inconvenience, etc., not just reimbursement for medical bills and lost income. But if you make such a recovery and also received compensation benefits as outlined above, the comp carrier has some reimbursement rights.
As you can see, there are a number of legal issues involved here and I urge you to get legal representation right away.
Robert Sher
301 986-4555
Re: Workmans Comp case or MVA case?
You were injured on the job. You have a Comp claim as well as a potential 3rd party claim against one or both of the drivers. If you are injured, you need to go to the Hospital or your Dr. You owe that to your self. The law protects workers from being fired solely becasue they filed a comp. claim. You should file your claim and go to the Dr. Call my office for if you want a lawyer. The law is complicated and you should have a lawyer to protect your rights. Our phone # is (301) 279-8773. Best of Luck and hope to hear from you. - AP
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