Falling from scaffolding can cause serious injuries, including broken bones, spinal damage, traumatic brain injuries or worse. If you fell from scaffolding while working in Maryland, you have legal rights to compensation for medical bills and lost income.
Maryland law provides two paths: workers’ compensation benefits and, in some cases, a personal injury lawsuit against a third party. Understanding both options is important to protecting your recovery.
Your right to workers’ compensation
Maryland’s workers’ compensation system does not require you to prove fault. You can file a claim without showing your employer was responsible.
Workers’ compensation usually covers medical expenses, partial wage replacement while you recover, and compensation for permanent disabilities. To keep these benefits, notify your employer of your injury within 10 days and consider filing your own claim with the Maryland Workers’ Compensation Commission if your employer delays.
However, workers’ compensation does not cover pain and suffering or full lost wages. This is where third-party claims become important.
Your right to sue third parties beyond workers’ compensation
You may be able to sue other parties whose carelessness caused your fall. Third-party lawsuits can recover damages workers’ compensation does not cover, including pain and suffering, full lost wages and loss of quality of life.
Potential third parties include scaffolding manufacturers, general contractors, property owners and equipment rental companies. If defective equipment, unsafe conditions or poor supervision contributed to your fall, you may have a claim.
Why acting quickly protects your legal options
Time limits apply to both claims in Maryland. You have two years to file a workers’ compensation claim and three years to file a personal injury lawsuit from the date of injury. Waiting can hurt your case. Evidence such as OSHA reports, witness statements and worksite conditions becomes harder to gather over time.
Consulting with an attorney who handles construction injury cases can help you navigate workers’ compensation, identify third-party claims and protect your right to full compensation.