Posted On: April 26, 2010

DWI Driver in Maryland Car Crash that Injured Judge May Go to Jail

Experienced Baltimore County, Maryland car accident attorneys know that when someone intoxicated gets behind the wheel, everyone on the road with them is at risk.

Anyone can be hurt or killed in drunk-driving traffic accidents—including justice and law enforcement officials who work to prevent such car, truck, and pedestrian accidents from happening. Last year on Aug. 21, a Maryland judge found himself in the path of a drunk driver, with serious consequences. It was not the first time the two had met.

The Washington Post reports that a retired Maryland judge and his wife, both in their 80s, were seriously injured when a man driving a Chevy SUV struck their Honda automobile. The car accident occurred in Montgomery County, Md. The judge's injuries included a leg fracture and broken ribs, and his wife suffered spinal injury and multiple broken bones. Ironically, the judge had spared the same man jail time when he stood before him in court years earlier, on a different drunk-driving charge.

The perpetrator has plead guilty to drunk driving in Montgomery County Circuit Court, Maryland, and this time, he may be sent to jail for his crime. Sentencing is scheduled for June 8.

Man could see jail time for drunken crash into Md. judge's car
WashingtonPost.com April 14, 2010

Drunken Driver Spared Jail Time Accused in New DWI Accident, and Judge Is the Victim
ABA Journal April 12, 2010

Posted On: April 19, 2010

Trailer Truck Driver Killed in Maryland Accident When Cargo Slips and Falls

An industrial truck driver hauling cargo in Maryland was fatally injured when granite countertop slabs he was unloading from the back of a flatbed truck slipped and fell on him. According to news reports, the fatal industrial truck accident occurred Monday in Hanover, Maryland. The Baltimore Sun reported that the driver, a 41-year-old man from South Carolina, was delivering slabs of granite to a countertop company. As the driver unloaded his cargo, the granite slabs slipped and fell on him, killing him.

Anne Arundel County, Maryland police responded to the truck accident scene and identified the victim. The Maryland Occupational Safety and Health Department is reportedly investigating this construction work-related accident.

A Maryland construction accident lawyer may be consulted by workers or their families when injury or death occurs due to a work accident.

Maryland Workers Compensation claims are often part of such construction injury or death cases.

Maryland Construction Accident Fatalities : Labor Statistics
In Maryland, 59 people died in work related accidents in 2008. According to the national Bureau of Labor Statistics, the number-one cause of construction work related deaths in Md. involves transportation -- whether highway transportation and/or hauling freight, such as in this case, or nonhighway transportation, with vehicles moving on a construction site. Construction transportation accidents also include pedestrian accidents where a construction worker is struck and killed by a vehicle on the construction site.

(Source: National Census of Fatal Occupational Injuries in 2008, United States Department of Labor, Bureau of Labor Statistics, Aug. 20, 2009)

South Carolina man identified as victim in Hanover industrial accident
The Baltimore Sun April 13, 2010

Local Truck Driver Killed in Industrial Accident
WLTX.com April 13, 2010

Related Web Resources

Maryland Dept. of Labor, Licensing, and Regulation

Maryland Occupational Safety and Health (MOSH)

Posted On: April 1, 2010

Maryland Workers' Compensation Liens and Construction Accident Injury: "Can I File a Work Comp Claim AND a Third Party Lawsuit?”

Construction work in Maryland often involves long hours, hard labor, modest wages, and job security that's entirely dependent on the season, the market, and the employer. As experienced Baltimore, Maryland Construction accident attorneys, we've represented many clients over the years who were injured while performing their construction jobs. One question we get asked all the time is...

"Can I file a claim under Maryland Workers' Compensation and a lawsuit against the at-fault party (or parties) at the same time?"

The answer is YES. However, as with most things legal, there are many factors to consider.

Maryland Workers Compensation Liens Against Third-Party Recovery
Construction accidents in Maryland may frequently involve Workers Compensation claims and liability lawsuits. In Maryland, if you're a construction worker and you get hurt on the business premises, in the course of your employment, while performing your job -- you can pursue a workers comp case. But what if you believe your injury was caused by a third-party's negligence or recklessness -- be it another contractor, a subcontractor, equipment operator, or some other worker or party involved at the construction site?

If you're a worker injured in a Maryland construction accident, you don't have to choose between filing a Md. Workers Compensation claim and suing the responsible parties for what's called a third-party liability claim. You can do both. Remember, however, if you are awarded a third-party recovery in a construction accident lawsuit, the Workers' Compensation carrier is allowed by law to place a lien against that recovery.

For example, a builder we'll call Joe Mason suffers a neck and spine injury when his pickup truck is rear-ended by another vehicle at the construction site. As a result of this construction truck accident, Joe needs money to pay his medical bills, cover his lost wages, and compensate him for his permanent impairment, so he files a Maryland Workers Comp claim. Joe is awarded $120K in permanent partial disability benefits by his employer's workers comp insurance carrier. At this point, Joe's Maryland injury attorney pursues a lawsuit against the other construction vehicle driver, and Joe receives a third-party recovery settlement of $240K. But, as law would have it, Joe isn't allowed to "double dip."

Under Maryland law, the Workers' Compensation carrier is entitled to a lien against any third-party recovery. So Joe might have to pay the Maryland Workers Compensation carrier some of their monetary outlay back. Special emphasis on some. An experienced Maryland injury attorney can, will and should negotiate with the work comp people to get that lien reduced, so injured construction workers like Joe can benefit from as much compensation for their injuries as possible.

Workers' Compensation liens are just one reason why it's so important to work with an experienced Maryland Workers' Comp lawyer if you're hurt while performing your construction job. This is a very complicated area of the law, and one must proceed with extreme caution in handling such claims. It really is a no-brainer. In a situation like this, the best bet is to focus 100% on getting the treatment you need, feeling better and getting back to full capacity, and let the lawyers handle these complex legal issues.

Related Web Resources

Maryland Workers' Compensation Commission

National Institute for Occupational Safety and Health: Construction Safety