Construction Site Injuries in Maryland
Whether an injured construction worker in Maryland can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Maryland's workers' compensation law sets the general rule for construction injuries. An employer's liability under the workers' compensation law is exclusive, and compensation replaces any other right of action against any person, except as the law provides. Md. Code, Lab. & Empl. §§9-509(a), (b), 9-901
| Construction site injuries | Maryland's workers' compensation law sets the general rule for construction injuries. An employer's liability under the workers' compensation law is exclusive, and compensation replaces any other right of action against any person, except as the law provides. The injured worker may file a compensation claim against the employer or sue a third party (someone other than the employer) whose fault caused the injury, subject to the insurer's reimbursement rights. §9-901: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-901&enactments=false . No search for a scaffold-type statute was done; no absence claim is made. |
|---|---|
| Fault rule (comparative negligence) | Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly. |
| Deadline to sue for an injury | Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period. |
More Maryland personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maryland
- Wrongful Death Lawsuits in Maryland
- Medical Malpractice Rules in Maryland
- Car Accident Claims in Maryland
- Dog Bite Liability in Maryland
- Motorcycle Accident Claims in Maryland
- Pedestrian Accident Claims in Maryland
- Bicycle Accident Claims in Maryland
- Uber and Lyft Accident Claims in Maryland
- Truck Accident Claims in Maryland
- All Maryland personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Maryland?
Maryland's workers' compensation law sets the general rule for construction injuries. An employer's liability under the workers' compensation law is exclusive, and compensation replaces any other right of action against any person, except as the law provides. The injured worker may file a compensation claim against the employer or sue a third party (someone other than the employer) whose fault caused the injury, subject to the insurer's reimbursement rights.
Can you recover damages if you were partly at fault in Maryland?
Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly.
What is the statute of limitations for personal injury in Maryland?
Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.