At Zirkin & Schmerling Law, we understand that sustaining a workplace injury can be both physically debilitating and emotionally overwhelming.
Whether an accident or employer negligence caused your injury, navigating the laws related to workplace injury compensation can be challenging.
This article will help decide if a workplace accident was caused by negligence. We will also outline what to do when you’re injured and how our workplace injury attorneys can help.
Understanding Maryland Workplace Injuries
Workplace injuries can occur in any job setting, from offices, hospitals, schools, construction sites, and everything in between. The severity of injuries can range from minor cuts and strains to severe injuries that can lead to long-term disability.
The most serious workplace injuries can negatively impact you and your loved ones for many years. Some workplace injuries are fatal and leave grieving friends and family in their wake.
While some accidents are inevitable, most can be prevented. When employers fail to protect their workers, the law holds them accountable, considering their negligence.
Do I Have to Prove Whose Fault To Receive Compensation for a Workplace Injury?
Maryland’s workers’ compensation system provides injured workers with financial assistance and medical benefits. It’s important to note that your compensation may greatly vary if it was your fault or if your employer was negligent.
No proof of fault is required to secure workers’ compensation, but the nature of your injury can influence your compensation and legal options.
However, this no-fault system typically prevents employees from suing their employers directly for workplace injuries.
If you’ve been injured at work, it’s important to speak with a job accident lawyer because there are situations where you can file a personal injury claim against your employer.
An experienced workers’ compensation attorney can determine if your injury was due to employer negligence and if you’re entitled to greater workplace injury compensation through a personal injury lawsuit.
What Is the Difference Between Negligence and Unintentional Accidents?
An accident in the workplace is generally defined as an unplanned, unexpected event that results in injury and was not caused by anyone’s fault.
For instance, if an office worker stumbles without apparent cause and sustains an injury, this might be considered a pure accident—no one’s negligence led to the incident.
Such accidents are typically covered under workers’ compensation, which provides benefits regardless of fault.
Negligence involves a lack of reasonable care, which can lead to workplace injuries. Employer negligence might not always be intentional but can occur due to oversight, lack of proper safety measures, or failure to adhere to safety regulations.
For example, if an employer fails to provide adequate warning signs on a wet floor, resulting in a slip-and-fall accident with injury, this could be considered negligence.
How Is Negligence Determined in Workplace Injuries?
Each accident and injury is unique, so every case requires thorough investigation to determine whether your injury was due to employer negligence.
Negligent acts might include:
- Violations of safety standards: Failing to comply with OSHA regulations, such as not providing proper safety gear.
- Lack of training: Inadequate training on safe work practices or the use of equipment.
- Poor maintenance: Failing to maintain machinery or workplace facilities safely.
- Negligent hiring or retention: Employing individuals with a safety risk due to inadequate screening or training.
Can I Sue My Employer for Negligence?
While workers’ compensation typically precludes suing your employer, exceptions exist where a personal injury lawsuit might be warranted. For example, if your injury resulted from your employer’s gross negligence or intentional misconduct, you might have grounds for a lawsuit.
Gross negligence involves severe carelessness or a blatant disregard for the safety of employees.
For example, knowingly allowing employees to work in hazardous conditions without adequate protection could constitute gross negligence. Lawsuits related to mesothelioma diagnosis due to asbestos exposure are an example of large-scale negligence.
Thousands of workers have been awarded cash settlements in mesothelioma cases, but not every case of employer negligence injury impacts multiple workers.
Speak with one of our workplace injury attorneys today at 410-753-4611 to determine if you have grounds for a Maryland workplace injury lawsuit. At Zirkin & Schmerling Law, our experienced attorneys will meticulously evaluate your case to determine the best course of action.
What to Do If You’ve Suffered a Workplace Injury
- Report the injury: Notify your employer immediately about the incident. Prompt reporting is crucial for documenting the injury and initiating the workers’ compensation process.
- Seek medical attention: Secure medical treatment as soon as possible. Keep detailed records of all medical visits, treatments, and expenses.
- Document the incident: Gather evidence, such as photos of the accident scene, witness statements, and relevant safety reports.
- Follow all doctor’s instructions: Skipping checkups or missing diagnostic appointments can seriously undermine your injury claim.
- Consult a job accident lawyer: Contact a knowledgeable workplace injury lawyer to discuss your rights and legal options.
How We Help You Navigate Workplace Injury Claims
At Zirkin & Schmerling Law, we are dedicated to guiding you through the complexities of workplace injury claims with a compassionate and results-driven approach. We understand that each client’s unique situation requires a tailored strategy.
Here are a few ways we will help you get the compensation you deserve after a workplace injury:
- Comprehensive evaluation: We conduct a thorough assessment of your case to identify all opportunities for recovering compensation.
- Personalized legal strategies: We develop strategies based on your specific needs and circumstances, whether negotiating a fair settlement or pursuing litigation.
- Compassionate support: We are here to listen and provide empathetic support throughout the legal process, ensuring you feel heard and valued.
- Resolute advocacy: We are committed to achieving the best possible outcome for you by advocating fiercely for your rights.
Get the Support You Deserve from an Experienced Maryland Job Accident Lawyer
Sustaining an injury in your workplace can be challenging and stressful. At Zirkin & Schmerling Law, we are committed to helping you navigate the complexities of workplace injury compensation with a professional, approachable, and compassionate approach.
Whether an accident or employer negligence caused your injury, our dedicated team is here to provide you with the personalized and comprehensive legal support you need to secure your future.
Rooted in the community of Pikesville and serving across Maryland, we bring decades of local experience to ensure that your fight for justice is as smooth and successful as possible.
We are here to help you get the workplace injury compensation and support you deserve.
If you or a loved one has been injured at work, contact us at 410-753-4611 for a free consultation with a Maryland Workplace Injury Attorney.