Motorists Seriously Injured while Driving On-the-Job

Being injured in a car accident while working on-the-job raises numerous questions from people who are seeking recovery of medical costs and other expenses that are related to injuries received due to the negligence of another individual. For the average person, it may be difficult to understand how workman’s compensation and the personal injury protection (PIP) coverage provided on many Maryland auto insurance policies each provide coverage following a traffic wreck. As Baltimore personal injury attorneys, we at Lebowitz & Mzhen, LLC, recognize the confusion many people feel; we are ready to help when a negligence-related road collision causes injury to a victim.

When it comes to being hurt on the job as a result of a negligent motor vehicle crash that occurs during the course of one’s business, many Maryland drivers have the same questions, such as who will pay for my medical expenses and related costs? As professional trial lawyers and skilled auto accident experts, we usually remind victims of these sorts of incidents that as a plaintiff, they have three accident claim options under Maryland law: The aforementioned personal injury protection, or PIP; so-called “third-party” liability; and workers’ compensation.

In general, a skilled Maryland auto accident lawyer will usually present the injured party’s PIP claim prior to making any workers’ compensation claim. Here in Maryland, our laws differ from other states when it comes to what those in the legal profession refer to as “the right of subrogation” of PIP insurance. As personal injury lawyers, the attorneys at Lebowitz & Mzhen know Maryland law, which is quite clear when it states that the automobile insurance carriers (when PIP is included in a policy) have no right of subrogation against any third-party recovery.

This is based on the Maryland insurance code, which essentially states that when a PIP claim is made first, the victim of a car accident does not have to repay the PIP benefits he or she receives. With this said, however, it should be made clear that workers’ compensation carriers have subrogation rights (after attorneys’ fees) out of the third-party recovery for the workers’ compensation benefits. This is based on the Maryland Code, Labor and Employment Articles.

As a reminder, it is important to note that under Maryland car accident law, as it applies to personal injury protection (PIP) coverage, a driver who carries PIP effectively has two injury claims that he or she can make. One, which is against the careless or negligent motorists who caused the accident that resulted in one’s injuries (and which deals with that individual’s auto insurance carrier); and a second claim that is directed at one’s own insurer for the PIP coverage that the policy holder has as part of his or her coverage.

The latter of these claims is dependent on whether or not the motorist waived this right when he signed up for his car insurance policy. This is to say that unless a person specifically rejects PIP coverage when he or she purchased the automobile insurance, the PIP coverage should be in effect. Depending on the state or the insurance carrier, PIP can also be referred to by other names, such as “economic loss protection,” but in general the insurance industry and most every auto injury lawyer knows it as personal injury protection.

As personal injury specialists, Lebowitz & Mzhen is aware of insurance law, which includes the specifics regarding PIP and worker’s compensation claims. As Baltimore automobile and trucking accident attorneys, we investigate every aspect of a negligence-related traffic accident to determine the truth and to begin a strategy for taking a case to trial. Though some cases have such strength of fact that the defendant will sometimes agree to an out-of-court settlement, our legal staff works hard to build a case that can be taken to trial. Each of our attorneys work to document exactly what happened prior to, during, and after the injury-related traffic accident; understanding how a car, truck or motorcycle collision happened in the first place is one of the initial steps toward a successful outcome of a personal injury lawsuit.

By looking into the various aspects of a roadway collision, numerous details often come to light once our legal experts begin to piece together the events of the crash. The lawyers at Lebowitz & Mzhen also consider the extent of the victim’s injuries -- such as compound fractures, severe burns, deep lacerations, internal organ damage, neck or spinal cord trauma, or closed-head injuries -- and build their case around the recovery of medical, therapeutic and long-term care costs.

Typically, we recommend that anyone who is badly hurt in a passenger car or commercial trucking collision speak as soon as possible with an experienced auto accident attorney. The more one learns about his or her rights to compensation under the law, the easier it will be to make a decision about whether or not to pursue a personal injury claim. Our legal experts regularly assist victims and their families to recover damages from negligent parties following traffic-related lawsuits.

If you need to speak to a qualified auto injury lawyer regarding injuries you or a loved one received following a car crash caused by a negligent driver, our door is always open. Whether the lawsuit involves personal injury or wrongful death, our Maryland car and truck accident lawyers are ready to discuss the details of the case. Please call us toll free at (800) 654-1949, or contact Jack Lebowitz or Vadim Mzhen via email to schedule a free, no-obligation consultation.