Workers compensation claims Baltimore, MD

What is a workers' compensation case?

A workers' compensation lawsuit is a legal action that might emerge when an employee has a job-related accident or sickness and seeks benefits under the workers' comp system. Workers' compensation typically provides an exclusive remedy, which means that employees make a claim with their employer's insurance company rather than directly suing their employer. The system's goal is to ensure that wounded workers receive prompt medical treatment, salary replacement, and rehabilitation benefits without the need to establish culpability. However, disagreements can arise when a claim is refused, benefits are delayed, or compensation is insufficient. In such cases, the injured worker may need to initiate a formal lawsuit or appeal to have their rights enforced. Furthermore, if the damage was caused by a third party, such as a subcontractor, equipment manufacturer, or careless motorist, the worker might file a separate personal injury claim against that party. A workers' compensation lawsuit seeks to defend an employee's right to fair pay as well as responsibility from those responsible.

Can I take legal action against my employer for negligence?

If your employer has proper workers' compensation insurance, you cannot often sue them for carelessness. Workers' compensation is a no-fault system, which means that employees receive payments for work-related injuries or illnesses regardless of who was at blame. In exchange, businesses are often shielded from direct employee lawsuits. There are some major exceptions, though. If your employer purposefully caused your injury or engaged in willful misconduct, such as knowingly breaching safety laws or failing to maintain suitable working conditions, you may be able to file a case outside of the workers' comp system. Furthermore, if your employer does not have the necessary workers' compensation insurance, you may be able to bring a personal injury case to recover damages, including pain and suffering, that are not covered by workers' compensation. Third parties, such as equipment makers or contractors, may also be held liable if their carelessness led to your damage. Because these instances might be complicated, it is critical to contact with an experienced workers' compensation lawyer. 

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