Workers compensation is the exclusive remedy for your Maryland work injury. The law does not provide for an additional civil suit and you can not dismiss the Maryland Workers Compensation claim because you have no other civil remedy.
Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm
I think WC will completely bar your LOC claim. Otherwise, the exclusive remedy would not be exclusive.
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WC legislation was a grand compromise whereby the burden of proof to demonstrate eligibility for benefits is much lower than in personal injury actions, there is no comparative negligence, your medical bills are paid as they are incurred, and you get money every week you cannot work so you can pay your bills. In return, the only recovery is an amount to compensate you for the permanent injury to your body. You cannot “choose” to file a different sort of action. If you were injured at work AND nobody else was responsible (e.g. defective machine), the only recourse is through WC. This is what is meant by “sole remedy” - it’s the ONLY option.
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