Blank Kim Injury Law's Podcast

Workers' compensation lawyer Baltimore, MD

Aaron Blank Season 1 Episode 1

Can I sue my employer rather than file for workers' compensation?

In most circumstances, you cannot sue your employer instead of seeking workers' compensation. Maryland's workers' compensation rules are intended to provide employees with medical benefits and income replacement without the requirement to show negligence. In exchange, companies are largely immune to claims arising from occupational injuries. However, there are some circumstances in which legal action against your employer may be appropriate.

If your employer knowingly caused your damage or was grossly negligent, you may be able to sue. Furthermore, if your company does not have the necessary workers' compensation insurance, you may be able to claim for damages. If a third party, such as a contractor, equipment manufacturer, or any negligent party, caused your injuries, you may be able to file a second personal injury claim for additional compensation. At Blank Kim Injury Law, we can assess your case and recommend the best line of action.

Can I receive workers' compensation if I have a pre-existing condition? 
 
Yes, you can still collect workers' compensation if you have a pre-existing condition, but it is determined whether your job irritated or worsened your illness. Workers' compensation in Maryland pays for injuries and illnesses that are directly caused or severely worsened by your job obligations. If your pre-existing disease, such as a back injury or arthritis, was stable but worsened as a result of your job duties, you could be eligible for compensation. 
 
Insurance firms frequently try to dismiss claims by claiming that your injury was not workplace-related. However, you do not have to have been in perfect health prior to your employment accident to be eligible for compensation. You will require medical documentation demonstrating that your job contributed to the deterioration of your disease. Blank Kim Injury Law understands the difficulties of proving these claims and will fight to ensure you obtain the compensation you deserve. If your claim is refused because of a pre-existing condition, we can assist you file an appeal. 

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