Accidents and injuries occur every day. Some of the most catastrophic injuries people in Maryland suffer are at their job. Many jobs have inherent risks that often place workers in dangerous situations. Suppose you have experienced a life-altering injury while at work, you might need more financial compensation than workers’ comp provides.
There are several types of damages that may be compensated in a workplace injury lawsuit. However, the path to compensation is not always straightforward. During your free case review, our legal team can help analyze your case and explain the proper course of action.
Seek guidance from our experienced Maryland workplace injury attorney by calling Rice, Murtha & Psoras at (410) 694-7291 today.
Can I Sue My Employer If I Was Fired After Being Injured at Work in Maryland?
According to the law, an injured employee cannot be fired in retaliation for filing a workers’ compensation claim in Maryland. However, despite it being an employee right, the language of the Workers’ Compensation Act specifically uses the word “solely.” This provision means that the prohibition is only applicable if the only reason you were fired was for filing a claim. Unfortunately, because Maryland is an “at-will” employment state, you could still be fired for other reasons.
Common Injuries Employees Suffer in Maryland Workplaces
The injuries people experience in the workplace are often similar to those people suffer outside of work. If you have been injured in any way while working at your job and then fired for no longer being able to conduct your work duties, contact our Maryland personal injury attorney to review your case.
Slip and Fall
Slip and fall accidents in Maryland are common whether you work at a garage, store, warehouse, or office. While some work environments will be more prone to slippery or dangerous surfaces, even a person working in a downtown office could trip over a loose carpet. Often, these accidents are caused by the negligent upkeep of the building or property by the owner of the premises.
Struck by Falling Objects
On construction sites or in warehouses, there are often multiple levels where people work. Additionally, equipment and other objects are stored at different heights. If boxes are stacked improperly or if another worker is careless and drops a tool, an employee could suffer a traumatic head injury if hit by a fallen object.
Crashes or Collisions
Many jobs require the use of vehicles to transport materials or employees. If an employee is recklessly operating a forklift, another worker could be injured if they are struck by the vehicle. Large construction sites often have pieces of heavy equipment, such as cranes or boom lifts. If these machines are improperly operated or assembled, devastating accidents could happen.
What Am I Entitled to After a Maryland Workplace Accident?
There are several different types of monetary damages you can pursue in a workplace injury lawsuit. If you were fired after being injured at work or after pursuing legal action after a workplace accident, it is critical to talk with our Pasadena, MD personal injury lawyer. We can help determine which of the following damages may be available to you:
When seeking compensation in a workplace injury lawsuit, you may recover payment for all medical expenses related to the harm you suffered. For example, the cost of your emergency treatment, surgical operations, prescription medications, and therapy sessions may all be accounted for.
Typically, such expenses are established using your medical records and bills. Therefore, it is important to seek payment for your workplace injury quickly after your accident. If you let your injuries heal on their own, then it may be difficult to gather the documentation you need to recover medical expenses in your case.
Many victims of workplace accidents have to spend time away from work during their recovery. Fortunately, you can acquire payment for any lost wages you sustain as the result of your on-the-job injury. These damages will usually be calculated using the average amount of income you earn per week.
Some victims may be permanently unable to perform the same jobs that they tended to before their workplace accidents. In these cases, plaintiffs may also be able to obtain payment for their lost earning capacity in the future. However, such claims can be complex. Support from our Maryland workplace injury attorneys can be very helpful when seeking damages for lost future earning capacity in your lawsuit.
Physical Pain and Emotional Suffering
Many workplace injuries can cause victims to experience high degrees of physical pain. For instance, burn injuries, spinal cord damage, soft tissue injuries, and head injuries can all lead to immense pain. Thankfully, plaintiffs in workplace accident lawsuits can obtain compensation for the physical pain they endured.
In addition to causing physical pain, some workplace injuries can lead to debilitating emotional suffering. As an example, someone who sustains a spinal cord injury at work may be unable to partake in meaningful relations with their spouse. Further, a worker who incurs a traumatic brain injury may be prevented from engaging in social activities and partaking in their favorite hobbies. In these cases, the victims could seek payment for their emotional anguish.
Still, pursuing compensation for non-economic damages like pain and suffering is a complicated process. Copious amounts of evidence may be needed to support such claims. Also, determining the appropriate amount of compensation for these damages requires a comprehensive understanding of legal principles, case precedents, and the specific factors influencing your claim. Thankfully, our experienced legal team is prepared to assist when fighting for non-economic damages in your case.
There are also various out-of-pocket expenses that may be compensated through a workplace injury claim. For instance, a plaintiff with spinal cord damage may need to pay for help with transportation to and from their doctors’ appointments. Further, a parent who suffers an on-the-job injury may have to pay for child care assistance while their injury heals. Such expenses may be accounted for in plaintiffs’ workplace injury claims.
Damages for out-of-pocket expenses are usually proven using financial documents like bank statements and receipts. Therefore, you should try to preserve the receipts you receive for any expenses related to your on-the-job injury.
Additionally, you can recover payment for any property damage you sustained as the result of your workplace accident. For instance, a construction worker who suffers a workplace accident may incur damage to their personal tools. In that case, the injured worker could seek payment for the cost of their property’s repair or replacement.
Unfortunately, in some workplace injury cases, defendants will attempt to assert that plaintiffs’ property damage actually stems from something other than the accidents at issue. Accordingly, you should take photos of your damaged property in the immediate aftermath of your on-the-job accident. Such photos can be used to establish the cause of the damage you incurred.
Lastly, in rare cases, punitive damages may be awarded. Rather than seeking to reimburse a plaintiff, these damages serve to punish a defendant for their especially negligent behavior. In Maryland, punitive damages are only awarded if the defendant’s behavior involved malice, fraud, wantonness, or willful disregard for the rights of others.
When determining the value of punitive damages, courts may consider various factors such as the reprehensibility of the defendant’s conduct, the duration of the conduct, the defendant’s financial resources, and the potential that such damages will discourage similar behavior in the future. During a free review of your claim, our team can help determine if such damages may be awarded in your lawsuit.
Holding Your Employer Liable in a Maryland Personal Injury Lawsuit
As stated, one of the benefits of filing a personal injury lawsuit for a work-related injury is the amount of compensation you could recover. Unfortunately, Maryland law does require filing a worker’s comp claim in many cases where an employee suffers injuries. However, that does not mean your employer is entirely immune from liability.
When negligent or willful misconduct on the part of your employer is the direct cause of your injury, they could be sued for any damages you incurred. For instance, a construction worker could hold an employer responsible for an injury if the employer failed to provide required safety equipment. If our Annapolis personal injury attorney establishes that you would not have suffered an injury if you had adequate safety equipment, your employer could be held accountable for the harm you endured. it is crucial to review the facts of your case with our office to determine whether your injury arose from your employer’s negligence.
Also, in some cases, employers fail to carry workers’ compensation. If this is the case, you are entitled to pursue recovery for your injuries through a personal injury lawsuit.
Holding Third Parties Liable for Your Injury Through a Maryland Personal Injury Lawsuit
An important thing to remember is that workers’ compensation only protects your employer from responsibly if you are hurt on the job. In many cases, there might be other parties that share liability for your injury.
The tools of your trade are supposed to be fit for their purpose. If there is a manufacturing defect or design flaw in the equipment you use that causes it to malfunction and injure you, the manufacturer could be held accountable for your damages.
Other employees could be careless or reckless on the job. When an injury is the result of the negligence of a co-worker, it could also give rise to a personal injury lawsuit.
Our Columbia, MD personal injury attorney will thoroughly review the facts surrounding your injury to determine what parties share liability for your damages. You should not feel limited to a workers’ compensation claim, and you should instead review all your legal options. Often, recovering for all your expenses, lost income, and emotional distress requires pursuing a personal injury claim in the Maryland court system.
Can Your Employer Fire You After Seeking Payment for Your Workplace Injury in Maryland?
You have a protected right to seek payment for damages caused by an on-the-job injury. If you were injured at work and then fired in Maryland, then you may be able to sue your employer for wrongful termination. There are several types of damages that can be obtained in a wrongful termination lawsuit including back pay, front pay, and lost benefits.
The purpose of wrongful termination laws is to protect employees from unfair, unjust, and unlawful terminations. These laws serve several important purposes including promoting workplace fairness and protecting employees’ rights.
If You Were Injured and Fired from Your Job, Call Our Maryland Personal Injury Attorney for a Free Consultation
People are injured in work-related accidents nearly every day in Maryland. Workers who are hurt on the job face medical expenses and the potential loss of income. Our experienced Maryland personal injury attorneys have the knowledge and resources to help you fight for your legal rights if you were fired after being injured at work in Maryland. To schedule a free appointment and determine if a lawsuit is necessary, call Rice, Murtha & Psoras at (410) 694-7291.