If an individual is acting within the scope of their employment when they are injured in a Maryland car accident, they may receive workers’ compensation benefits for their injuries. Generally, if a worker receives workers’ compensation benefits by way of Maryland’s Workers’ Compensation Act, they cannot seek damages through a civil lawsuit from their employer. That rule, known as the exclusivity rule, was put in place so that workers would receive benefits solely through workers’ compensation, allowing them to receive benefits quickly while limiting employers’ liability. However, injured accident victims can file a Maryland injury claim against a third party under Maryland law based on their negligent conduct.
Under Maryland law, a co-employee is generally considered a third party. In the event that an injured worker or an employer receives compensation through a third-party injury claim, the employer may be able to receive reimbursement for the workers’ compensation paid to the injured worker.
In a recent decision before one state’s supreme court, the court considered whether a passenger in a vehicle driven by a coworker and owned by another coworker could recover benefits under the owner’s insurance policy after a car accident. In that case, the plaintiff and two co-workers were returning from a work trip when the co-worker driving the car fell asleep at the wheel, causing the car to crash and causing the plaintiff significant injuries. The plaintiff recovered workers’ compensation benefits for his injuries as well as uninsured/underinsured (UM/UIM) benefits through his own auto insurance policy. He also sought benefits from the owner’s insurer, seeking, among other things, UM/UIM benefits.