Maryland’s legal framework for construction injuries provides protections through workers’ compensation benefits and third-party liability claims. Understanding your rights after a construction accident is critical to ensuring you receive full compensation for your medical expenses, lost wages, and pain and suffering.
If you’ve been injured in a construction accident, call (301) 220-0050 or contact us online for a free consultation. Our No Fee Guarantee means that you don’t pay a fee unless we win your construction accident case.
Your Rights After a Construction Accident
Construction work remains one of the most hazardous occupations in the United States. In Waldorf and throughout Maryland, construction workers face daily risks from falls, equipment failures, electrocution, and struck-by incidents. Whether you work on residential developments, commercial projects, or infrastructure improvements in the Waldorf area, a serious injury can devastate your financial security and quality of life.
Who Shares Liability?
Construction accidents differ significantly from other workplace injuries. Multiple contractors, subcontractors, equipment manufacturers, and property owners may share liability for your injuries. This complexity requires legal knowledge to identify all responsible parties and pursue maximum compensation.
Workers’ Compensation Benefits
If you suffered a construction accident in Waldorf, you likely qualify for workers’ compensation benefits. Maryland’s workers’ compensation system provides coverage for medical treatment, rehabilitation, and wage replacement benefits regardless of fault. You can receive benefits even if your own actions contributed to the accident.
Workers’ compensation covers several types of benefits:
- Medical expenses: All necessary treatment related to your injury, including emergency care, surgery, hospitalization, physical therapy, and ongoing medical management.
- Wage replacement: Temporary disability benefits replace a portion of your lost wages while you recover. Maryland’s workers’ compensation system provides weekly benefits based on your average weekly wage, subject to state-mandated caps.
- Permanent disability benefits: If your injury results in permanent impairment, you may receive additional compensation based on the extent of your disability and impact on your earning capacity.
- Vocational rehabilitation: If you cannot return to your previous job, workers’ compensation may cover retraining and job placement services to help you transition to suitable work.
However, workers’ compensation has limitations. Benefits are capped at state-mandated levels, and you cannot recover compensation for pain and suffering through the workers’ compensation system alone.
Personal Injury Claims Against Third Parties
Construction accidents often involve parties beyond your employer. If a third party’s negligence caused your injury, you may pursue a personal injury claim in addition to workers’ compensation benefits. This distinction is crucial—it allows you to recover additional compensation that workers’ compensation does not provide.
Third parties in construction accidents may include:
- General contractors who failed to maintain safe working conditions or enforce safety protocols.
- Subcontractors whose negligent work or safety violations caused your injury.
- Equipment manufacturers who produced defective machinery or tools.
- Property owners who failed to ensure the construction site met safety standards.
- Equipment rental companies that provided faulty or improperly maintained equipment.
- Architects or engineers whose design flaws created hazardous conditions.
A personal injury claim allows you to recover damages for pain and suffering, permanent disfigurement, loss of enjoyment of life, and other non-economic damages that workers’ compensation excludes. You can also pursue punitive damages if a third party’s conduct was particularly reckless or negligent.
Maryland’s Contributory Negligence Law
Maryland follows the doctrine of contributory negligence, one of the strictest fault standards in the country. Under Maryland Code § 5-101, an injured person generally cannot recover compensation if they are found to have contributed to the accident in any way, even minimally. This means that if a claimant is determined to be even slightly at fault, they may be prevented from recovering damages in a personal injury claim.
Third-Party Claims
This rule often plays a significant role in construction accident cases, particularly in third-party claims against parties such as subcontractors, property owners, or equipment manufacturers. It is important to note that this standard does not apply in the same way to workers’ compensation claims, which are handled under a separate no-fault system.
Defending Against Insurance Companies
Because of the impact contributory negligence can have on a claim, defendants and insurance companies may attempt to argue that an injured worker shares responsibility for the accident. Building a strong case often involves a detailed review of the facts, including safety practices, site conditions, witness accounts, and available documentation, to address these arguments and support the claim.
Types of Construction Injuries We Handle
Construction accidents produce a wide range of injuries, from temporary disabilities to catastrophic, life-altering conditions. CHASENBOSCOLO‘s attorneys have extensive experience representing workers with:
- Traumatic injuries: Fractures, spinal cord injuries, head trauma, and internal injuries from falls, equipment failures, and struck-by incidents.
- Occupational illnesses: Silicosis, mesothelioma, asbestosis, and other diseases resulting from prolonged exposure to hazardous materials on construction sites.
- Catastrophic injuries: Severe burns, amputations, paralysis, and traumatic brain injuries requiring long-term care and rehabilitation.
- Wrongful death claims: When construction accidents prove fatal, we help families pursue wrongful death claims for loss of companionship, funeral expenses, and lost earnings.
How CHASENBOSCOLO Helps Construction Accident Victims
Since 1986, CHASENBOSCOLO has recovered over $1.1 billion for injured workers and their families. Our approach to construction accident cases combines thorough investigation, expert analysis, and aggressive advocacy.
Free Case Evaluation
When you hire CHASENBOSCOLO, we immediately begin a comprehensive case evaluation. We investigate the accident scene, review safety records and OSHA reports, interview witnesses, and consult with medical and accident reconstruction experts. This investigation identifies all liable parties and establishes the negligence that caused your injury.
Negotiate With Insurance Companies
We negotiate aggressively with insurance companies and opposing counsel to secure fair settlements. Our attorneys have tried hundreds of cases before juries, giving us credibility in settlement discussions. Insurance companies know we are prepared to take cases to trial if necessary, which strengthens our negotiating position.
Take Your Case to Trial
If settlement negotiations fail, we prepare your case for trial. Our team develops compelling evidence, prepares expert testimony, and presents your case persuasively to a jury. Our trial experience includes numerous multi-million dollar verdicts and settlements in construction accident cases.
No Fees Unless Your Case Is Won
We represent all clients on a contingency fee basis, meaning you pay no upfront costs. We only recover a fee if we secure compensation for you. This arrangement ensures our interests align with yours—we succeed only when you recover maximum compensation.
Calculating Your Construction Accident Claim Value
Understanding the potential value of your construction accident claim helps you evaluate settlement offers and make informed decisions about your case.
Compensable Damages
Your claim includes both economic and non-economic damages:
- Medical expenses: Past and future medical treatment, including emergency care, surgery, hospitalization, rehabilitation, physical therapy, and ongoing medical management. For catastrophic injuries, lifetime medical care can represent millions of dollars.
- Lost wages and earning capacity: Compensation for wages lost during recovery and reduced earning capacity if your injury prevents you from returning to your previous job or earning at your previous level.
- Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life resulting from your injury.
- Permanent disability or disfigurement: Additional compensation if your injury results in permanent impairment, scarring, or loss of bodily function.
- Rehabilitation and vocational training: Costs for retraining programs and job placement services if you cannot return to construction work.
Factors Affecting Claim Value
Several factors influence the value of your construction accident claim:
- Severity of injuries: More severe injuries command higher compensation. Catastrophic injuries resulting in permanent disability or requiring lifetime care generate substantially larger claims than temporary injuries.
- Impact on work capacity: Injuries that prevent you from working in construction or any occupation significantly increase claim value. Loss of earning capacity is a major component of damages.
- Age and earning potential: Younger workers with longer careers ahead typically receive higher compensation for lost earning capacity than older workers nearing retirement.
- Liability strength: Clear evidence of negligence by a well-insured defendant increases settlement value. Weak liability or multiple defendants sharing fault may reduce compensation.
- Insurance policy limits: The defendant’s insurance coverage caps potential recovery. If damages exceed policy limits, you may pursue additional claims against the defendant’s personal assets.
Why Choose CHASENBOSCOLO for Your Construction Accident Case
CHASENBOSCOLO brings extensive experience and resources to construction accident cases. Our firm includes multiple Super Lawyers, AV-rated attorneys, and members of the Million Dollar Advocates Forum. Benjamin T. Boscolo, our CEO and a shareholder, has received Super Lawyer recognition since 2006 and serves as faculty at the Keenan Trial Institute, where he teaches trial advocacy to attorneys nationwide. He previously served as Co-Dean of the institute from 2014-2019.
Visit the Waldorf Office
Our Waldorf office, located at 3010 Crain Highway, Suite 301, serves Charles County and surrounding areas. We maintain four office locations throughout Maryland and Virginia, allowing us to serve injured workers across the region. Our 27 attorneys and over 100 professionals provide the resources necessary to handle complex construction accident litigation.
We offer 24/7 availability for client consultations and emergency situations. We understand that construction accidents create immediate financial pressure, and we respond quickly to protect your rights and preserve evidence.
Important Deadlines for Construction Accident Claims
The three-year deadline may seem distant, but evidence deteriorates quickly. Witnesses move away or forget details. Construction sites change. Equipment is repaired or discarded. Acting promptly protects your case by preserving critical evidence.
Statute of Limitations
Maryland law § 5–101 imposes strict deadlines for filing construction accident claims. You have three years from the date of your injury to file a personal injury lawsuit. This deadline applies to third-party liability claims. Workers’ compensation claims have different filing requirements, but prompt action is important to preserve your rights.
Evidence Preservation
Immediately after a construction accident, take steps to preserve evidence:
- Document the accident scene with photographs and video if possible. Capture the hazardous condition that caused your injury, equipment involved, and the overall site conditions.
- Obtain contact information from witnesses. Their statements may prove important to establishing liability. Why you should always call the police after an accident is critical for creating an official record.
- Report the accident to your employer and OSHA if required. OSHA investigations create official records of the accident and site conditions.
- Seek medical treatment and maintain detailed medical records. Medical documentation establishes the extent of your injuries and supports your damage claims.
- Notify an attorney promptly. Early legal involvement helps preserve evidence and protects your rights.
Contact CHASENBOSCOLO Today
If you suffered a construction accident in Waldorf or throughout Maryland, contact CHASENBOSCOLO for a free consultation. Our experienced attorneys evaluate your case at no cost and with no obligation. We explain your rights, discuss potential compensation, and outline the steps we will take to pursue your claim.
Call our Waldorf office at (301) 220-0050 or contact us online to schedule your consultation. We are available 24/7 to discuss your construction accident case and answer your questions about your legal rights and options.