Suing Over a Work Injury in Maryland
When Maryland law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: An employer's liability under Maryland's workers' compensation law is exclusive, and compensation replaces any right of action against any person, except as the law provides. Md. Code, Lab. & Empl. §9-509
| Suing your employer | An employer's liability under Maryland's workers' compensation law is exclusive, and compensation replaces any right of action against any person, except as the law provides. Exceptions: if the employer failed to secure compensation, the worker (or personal representative) may claim compensation or sue for damages; and if the worker was injured or killed by the employer's deliberate intent to injure or kill, the worker or the surviving spouse, child or dependent may claim compensation or sue the employer for damages. Source: Md. Code, Lab. & Empl. §9-509 |
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| Suing someone other than your employer | When someone other than the employer is liable, the worker may file a compensation claim or sue that person. If compensation is paid, the insurer, self-insured employer, Subsequent Injury Fund or Uninsured Employers' Fund may sue the third party; if it does not sue within 2 months after the Commission's award, the worker may, and the worker's limitations period against the third party does not start until 2 months after the first award. From a worker's recovery, the worker first deducts costs and expenses, then reimburses compensation and medical and other benefits paid, and keeps the balance. §9-901: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-901&enactments=false |
| If your employer has no workers' comp | If an employer fails to secure workers' compensation, the worker may either claim compensation or sue the employer for damages, and the employer cannot defend by blaming the worker's own negligence, assumption of risk or a co-worker. If an uninsured employer fails to pay an award within 30 days, the Commission notifies it of default and possible suspension of its business license or permit; if it neither pays nor objects within 30 days of that notice, the worker may apply to the Uninsured Employers' Fund for payment. §9-509: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-509&enactments=false |
Where to get help in Maryland
More Maryland workers' compensation
- Filing a Workers' Comp Claim in Maryland
- How Much Workers' Comp Pays in Maryland
- Workers' Comp Settlements in Maryland
- Retaliation for Filing Workers' Comp in Maryland
- Appealing a Denied Workers' Comp Claim in Maryland
- All Maryland workers' compensation rules
FAQ
Can you sue your employer for a work injury in Maryland?
An employer's liability under Maryland's workers' compensation law is exclusive, and compensation replaces any right of action against any person, except as the law provides. Exceptions: if the employer failed to secure compensation, the worker (or personal representative) may claim compensation or sue for damages; and if the worker was injured or killed by the employer's deliberate intent to injure or kill, the worker or the surviving spouse, child or dependent may claim compensation or sue the employer for damages.
Can you sue a third party for a work injury in Maryland?
When someone other than the employer is liable, the worker may file a compensation claim or sue that person. If compensation is paid, the insurer, self-insured employer, Subsequent Injury Fund or Uninsured Employers' Fund may sue the third party; if it does not sue within 2 months after the Commission's award, the worker may, and the worker's limitations period against the third party does not start until 2 months after the first award. From a worker's recovery, the worker first deducts costs and expenses, then reimburses compensation and medical and other benefits paid, and keeps the balance.
What if my employer doesn't have workers' comp insurance in Maryland?
If an employer fails to secure workers' compensation, the worker may either claim compensation or sue the employer for damages, and the employer cannot defend by blaming the worker's own negligence, assumption of risk or a co-worker. If an uninsured employer fails to pay an award within 30 days, the Commission notifies it of default and possible suspension of its business license or permit; if it neither pays nor objects within 30 days of that notice, the worker may apply to the Uninsured Employers' Fund for payment.
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.