Employer Negligence and Workers Comp Cases

According to the Maryland Workers' Compensation, there are three different types of claims that you can file when it comes to workers comp: accidental injury, death benefits, and occupational disease. If you experienced an unintentional injury or occupational disease that you may feel is a direct result of employer negligence, you might've wondered if you have any legal ground to stand on. The conversation of employer negligence often begins during workers' compensation cases with employees who feel their employer failed to act reasonably to protect their employees from accidental injury or didn't place any barriers in place to protect their employees.

While you cannot file a worker's compensation claim for employer negligence itself, you can file a case against your employer for negligence in addition to your worker's comp claim. 

What is Employer Negligence?

In Maryland, you may file a personal injury lawsuit claiming employer negligence in addition to your worker's comp claim. To prove negligence in Maryland, you must be able to prove the following: first, you'll need to prove employer negligence with evidence that it was your employer's duty to protect you from injury and that duty was breached. Additionally, that breach of duty must have resulted in bodily harm and damages. 

Common Types of Negligence

There are four common types of negligence that a claimant can pursue in a personal lawsuit in addition to their workers' comp claim. These types of negligence include negligent supervision, negligent hiring, and negligent retention. When it comes to your negligence case, you'll want to consider the following facts about each type of negligence.

Negligent Supervision

Regarding employer liability, negligent supervision is a common negligence claim built on the foundation that an employee was not adequately monitored and controlled.

Example: An employee drinks too much alcohol during a workplace happy hour and ends up sexually harassing a female co-worker, which the manager chooses to ignore. 

Negligent Retention

Adequate training to handle numerous situations you may encounter while on the job is essential. Employers who don't adequately train their employees may be held liable for negligent retention if an employee is harmed while working. 

Example: An employee is hired to operate machinery or equipment that an employer never trains them how to safely operate, and they end up injuring themselves or a co-worker. 

Negligent Hiring

Being hired for a job is always an exciting time. However, employers can be held liable for negligent hiring if they do not reasonably screen individuals before hiring.

Example: A school chooses not to process a background check on a teacher who has a criminal history. 

Shultz Legal Can Represent Your Workers’ Compensation Claim

Shultz Legal is your experienced workers' compensation law office with convenient locations in Baltimore and Bowie, MD. We have the expertise to help ensure that you or a loved one can navigate the Workers Compensation claim process with confidence. Contact us today to help secure your rightful benefits and recoup financial losses from mounting medical bills. Give us a call at (410) 505-7627 or submit a request for a case consultation using our online contact form.