Personal Injury Protection Workers Compensation and Third Party Claims

There are other circumstances where you are injured while driving your vehicle during the scope of your employment. In this instance the accident gives rise to three separate insurance claims as well as two actions. (For example the workers compensation claim as well as the third-party claim against the negligent driver) Specifically as to the insurance claims: the injured party is entitled to make a claim for personal injury protection benefits, workers compensation benefits as well as a recovery from the third-party who is at fault. However, there is a sequence of filings that you should properly adhered to to maximize your personal injury damages but also not to prejudice your entitlement to the various piles policies of insurance that are available to you. For example you should always file your personal injury protection claim first, followed by the workers compensation claim, followed by the third-party liability claim. This is true because in Maryland the personal injury protection carrier has no right up subrogation against third-party recovery. See Maryland Advocated Code Insurance Article 19-507 (d.). Conversely, Maryland law does recognize the right of the workers compensation carrier and their subrogation rights against third-party recovery. See Maryland Annotated Code Labor and Employment Article 9 -- 902 (e.) and (f). The net effect of filing in this manner allows the injured party to reap the benefits of personal injury protection coverage while avoiding a portion of the workers compensation lien. It is important when selecting a personal injury attorney that you put experience on your side. If you, your family members or friends have been injured and an accident in Maryland please feel free to call my office at 1-888-760-7339.