On January 15, a construction worker was killed and another worker injured after an SUV lost control on the Suitland Parkway in Southeast DC, according to WJLA.
Around 11:30 p.m., officials say the driver of a BMW SUV unexpectedly lost control and hit a parked utility vehicle, killing a 34-year-old construction worker and injuring another. The driver of the BMW was taken to a local hospital for minor injuries.
The collision closed traffic in both directions on the Suitland Parkway for six hours. The crash is currently being investigated.
In most circumstances, an injured employee cannot sue his employer for on-the-job injuries or occupational disease in Washington, D.C., Maryland and Virginia. When an employee’s injuries are caused by the negligence of someone other than the employer, however, the injured employee can sue the non-employer for damages.
A classic example is when an employee is driving for his job and is injured or killed in a car accident that is someone else’s fault. The employee has two claims: a workers’ compensation claim against his employer, and a negligence claim against the person who caused the collision. The latter is called a “third party claim”.
One difference between the two types of claims is that in workers’ compensation claims, the injured employee cannot recover for pain and suffering from his employer, whereas pain and suffering damages would be available in the third party claim against the other person or company who caused the injury.
In all cases in which you suffer an injury while on the job, you should consult an attorney that can handle both claims at the same time. Speak to one of our attorneys today to tell us your story. Comment below or you can visit our Facebook page to tell us more.
Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P.