Most workers assume that filing for workers’ compensation is the only option after a workplace slip and fall. Depending on the circumstances of your injury, a third-party claim may also be available. In some cases, it can cover losses that workers’ compensation does not. Understanding the difference between workers’ compensation and a third-party claim could help support your recovery.
What workers’ compensation covers
Maryland law requires most employers to carry workers’ compensation insurance. This coverage pays for your medical treatment and replaces a portion of your lost wages. Workers’ compensation does not require you to prove that anyone was at fault. The injury simply needs to have occurred during the course of your employment to qualify.
The limits of workers’ compensation
Workers’ compensation does not cover everything. For one, it does not include compensation for pain and suffering. Additionally, wage replacement for temporary total disability pays only two-thirds of your average weekly wage and is subject to a state maximum weekly cap. For many workers, these limitations create a significant financial gap.
When a third-party claim applies
A third-party claim is a personal injury lawsuit filed against another party besides your employer. For instance, if a property owner or contractor created a dangerous condition, that party may hold legal responsibility for your injuries. Unlike workers’ compensation, a third-party claim allows you to seek damages for full wage loss, medical expenses and pain and suffering.
Filing both claims at the same time
Pursuing both a workers’ compensation claim and a third-party claim at the same time is possible. However, the state allows this under specific circumstances. For example, if you were injured on a job site controlled by a property owner who is not your employer, that owner may bear separate legal responsibility. However, if your third-party claim results in a settlement, the workers’ compensation insurer can recover the benefits it paid from that amount, minus its share of legal fees and costs
How contributory negligence affects slip and fall claims
Before filing a third-party claim, know this Maryland law that could affect your compensation. The state follows a contributory negligence rule. Under this rule, if a court finds you even slightly at fault for the slip and fall, your third-party claim may fail entirely. Since Maryland offers no partial recovery option, the way fault is determined in your case carries far more weight than it would in most other states.
Knowing your rights after a workplace slip and fall
Many slip and fall accident victims accept workers’ compensation benefits without ever knowing a third-party claim is also available. That often means settling for partial wage replacement and no compensation for pain and suffering. Understanding both options before making any decisions protects you from accepting less than what your recovery demands.