Motor vehicle collisions are among the top reasons for workplace injuries, and a recent tragedy in Maryland reveals how quickly accidents can be life-changing for employees and their families. According to a report from NBC News Channel 4, a 54-year-old man was killed in a crash while working his job as a garbage truck operator. Police stated that the incident occurred on Broadwater Road in Anne Arundel County, where the employee was riding along and making scheduled pickups. The eastbound garbage truck encountered a wide pickup truck that was headed westbound on a very narrow stretch of road. The drivers of both vehicles attempted to navigate around each other, but the right wheels of the trash truck fell off the edge of the road. With no shoulder, the truck slipped into the mud. The victim was unable to escape, and the garbage truck rolled over onto him.
A fatal on-the-job accident is devastating for surviving family members, but qualifying individuals may receive some benefits under Maryland workers’ compensation laws. It is critical to discuss details with a Baltimore County workplace injuries attorney, though some facts are helpful for survivors.
Summary of Maryland Workers’ Comp System
While you need to prove that someone else was responsible for most accident claims, workers’ compensation laws create a no-fault system. A victim does not need to show negligence by the employer, but he or she must be an eligible employee to obtain benefits. Criteria include:
- The person must be an actual employee instead of an independent contractor.
- The injuries must be the result of a work-related accident that occurred while the employee was performing job tasks.
- For a claim based upon occupational disease, the ailment must be the result of the employee’s exposure to workplace conditions.
Eligibility for Death Benefits
When survivors seek workers’ compensation benefits, they do so partly through the eligibility criteria that apply to the deceased employee. If the worker would have qualified for benefits had he or she survived, family members do as well.
Still, eligibility is also based partly on the survivor’s relationship with the victim who was killed. You may qualify if you are:
- The surviving spouse;
- A minor child of the decedent;
- A child aged up to 23 years old, if a full-time student; and,
- Others who were dependent upon the deceased employee for support.
Additional Legal Options for Survivors
Workers’ comp is the sole remedy in most cases involving work-related injuries, but the recent accident involving the garbage truck worker raises another point. It may be possible to seek damages through a civil claim when a third party causes the accident. Surviving family members may have a wrongful death claim against the operator of the wide-bodied pickup truck. In such a case, it IS necessary to prove negligence.
Discuss Your Claim with a Maryland Workplace Injuries Lawyer
To learn more about workers’ comp benefits, please contact the Law Office of William F. Mulroney at (443) 352-8433 or via our website. We will schedule a free consultation via phone or at our Owings Mills, MD offices.
