What happens if my Gaithersburg job says workers' comp means I can't sue the driver?
The worst mistake people make is believing HR or a supervisor and only opening a workers' comp claim. In Maryland, that can cost you evidence, delay treatment, and shrink what you can recover.
The correct approach is to treat this as two separate claims if a non-coworker caused the crash.
If you were driving for work in Gaithersburg and got hit by another driver on I-270, Route 355, or a snowy parking lot entrance, you may have a Maryland workers' compensation claim and a third-party injury claim against that driver. Workers' comp usually covers medical care and part of lost wages. It does not pay for pain and suffering. A third-party claim can.
Act fast. For workers' comp, give notice to your employer immediately. Maryland generally expects notice of an accidental injury within 10 days. You also need a claim filed with the Maryland Workers' Compensation Commission. Waiting creates avoidable fights over whether the crash was work-related.
At the same time, protect the driver case:
- get the police report
- identify witnesses
- save photos of vehicle damage, ice, snow, salt, skid marks, and the scene
- report a hit and run right away
- notify any auto insurer that might provide UM/UIM coverage
If you are a veteran, don't assume your VA care replaces either claim. The VA, workers' comp carrier, and auto insurer are separate systems, and they do not coordinate well on their own.
If your employer offers "light duty," turning it down without medical support can jeopardize wage benefits. But accepting light duty does not waive your claim against the at-fault driver.
Maryland also gives you more room on the third-party side than workers' comp does: in most Maryland auto negligence cases, there is no cap on economic damages like lost income and medical costs.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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