Can You Sue If You Accept Workers’ Compensation?

can you sue if you accept workers' compensation Navigating the complexities of workers’ compensation laws can be daunting. This is especially true when it comes to understanding how accepting workers’ compensation benefits may impact your ability to pursue legal action.

If you’re in Maryland and have accepted workers’ compensation, you might wonder if it precludes you from filing a lawsuit. Here’s what you need to know.

Understanding Workers’ Compensation

Workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. In Maryland, as in many other states, workers’ compensation is considered a no-fault system. This means that employees are generally entitled to benefits regardless of who was at fault for the injury or illness.

Exclusive Remedy Provision

One crucial aspect of workers’ compensation laws is the concept of the exclusive remedy provision. This provision stipulates that in exchange for receiving workers’ compensation benefits, employees generally forfeit their right to sue their employer for damages related to the injury or illness covered by workers’ compensation.

Exceptions to the Exclusive Remedy Provision

While the exclusive remedy provision typically bars employees from suing their employers, there are exceptions to this rule. For example:

Intentional Harm: If an employer intentionally caused harm to an employee, the exclusive remedy provision may not apply. In such cases, the employee may have grounds to file a lawsuit against the employer.

Third-Party Liability: If a third party, such as a subcontractor, product manufacturer, or property owner, is responsible for the employee’s injury or illness, the employee may have the right to pursue a separate lawsuit against that party while still receiving workers’ compensation benefits.

Understanding Your Options

If you’ve accepted workers’ compensation benefits in Maryland, it’s essential to understand your legal rights and options. Accepting workers’ compensation benefits typically means that you cannot sue your employer for damages related to the injury or illness covered by workers’ compensation. However, there may be exceptions to this rule, as outlined above.

If you believe that your injury or illness was the result of intentional harm by your employer or that a third party played a role in causing your injury, it’s crucial to consult with a knowledgeable attorney who can assess your case and advise you on the best course of action.

In Maryland, accepting workers’ compensation benefits could mean that you forfeit your right to sue your employer for damages related to the covered injury or illness. However, there are exceptions to this rule.

Navigating the legal landscape surrounding workers’ compensation and potential lawsuits can be complex, so seeking guidance from a qualified attorney is highly recommended. An attorney can help you understand your rights, evaluate your case, and pursue the best course of action to seek the compensation you deserve. To schedule a free consultation, contact Shugarman & Mehring at (410) 783-4200 or toll-free at (888) 342-7200.

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