Can I sue my employer?
The answer to this question is almost always, “No.” In exchange for receiving workers’ compensation benefits, an injured worker gives up the right to sue his or her employer for pain and suffering. There are very few exceptions to this rule. This does not mean that you cannot sure other parties that may have been responsible for your injuries. In fact, you can often sue other parties. For example, if you are involved in a work-related motor vehicle accident and sustained injuries as a result of the negligence of a third party, you may be able to file a personal injury action against the third party seeking pain and suffering for your injuries.
Under Maryland Workers’ Compensation law unless the employer intentionally hurts you, you have no right to sue the employer. The reason for this is that back in the early 1900’s prior to workers’ compensation law, an employee could sue his employer if the employer was negligent, however, those suits would typically take years and in the meantime the employee would receive no benefits. Also, if the employer could prove that the employee was contributory negligent or assumed the risk, then the employee would not be able to sue the employer and the employee would receive no benefits. As a compromise between labor, the employers, employees and the government the workers’ compensation system was set up so that an employee could recover workers’ compensation benefits quickly even if the employee was contributory negligent or assumed the risk and even if the employee could not prove that the employer was negligent. However, in exchange for these rights the employee had to give up the rights t
