Construction Accident Attorney in Maryland

Common Construction Accident Types in Maryland

OSHA identifies the “Fatal Four” as the leading causes of construction worker fatalities nationally, and Maryland job sites are no exception. These four categories account for the majority of serious injuries and deaths in the industry.

• Falls from heights: Scaffolding, ladders, rooftops, and partially completed structures are the single largest source of construction worker deaths. Inadequate fall protection, missing guardrails, and unstable platforms all contribute.
• Electrocution: Contact with exposed wiring, overhead power lines, and energized equipment is among the most severe and frequently fatal construction hazards.
• Struck-by accidents: Falling tools, swinging crane loads, and moving vehicles on active sites can cause catastrophic blunt-force injuries with little warning.
• Caught-in/between accidents: Trench collapses, machinery entrapment, and compression between heavy equipment produce crush injuries that are often fatal or permanently disabling.

Beyond the Fatal Four, Maryland construction accident cases also involve scaffolding collapses, crane and forklift incidents, welding accidents, and toxic chemical exposure. Workers across all trades, including roofers, carpenters, electricians, plumbers, welders, crane operators, and forklift operators, face these risks on every shift.

Injuries Sustained in Maryland Construction Accidents

The injuries produced by these accidents are frequently permanent and life-altering. Traumatic brain injuries, spinal cord damage and paralysis, crush injuries, severe fractures, amputations, and third-degree burns are documented outcomes in construction cases. Some workers also sustain hearing loss, vision loss, or permanent disfigurement.

Not every serious injury is immediately apparent. Certain brain injuries, internal trauma, and spinal damage can develop symptoms over hours or days, complicating both medical treatment and legal documentation. Extended hospitalization, multiple surgeries, and long-term rehabilitation are common in serious construction cases, producing current and future medical costs that must be fully accounted for in any recovery. When a construction accident results in a fatality, surviving family members may be entitled to pursue a wrongful death claim under Maryland law.

Who Can Be Held Liable in a Maryland Construction Accident

Multiple parties may bear legal responsibility for a single job-site injury. Identifying all of them is one of the most important early steps in a construction accident case.

Employers
Employers have a duty to provide a safe work environment, proper training, and adequate safety equipment. Failure to meet that duty can establish employer negligence in the workers’ compensation context.

General Contractors & Property Owners
General contractors and property owners are responsible for overall site safety. Hazardous conditions that stem from site management decisions can create liability independent of the worker’s direct employer.

Subcontractors
A subcontractor whose negligence injures a worker from a different company can be named as a third-party defendant in a personal injury action.

Equipment & Machinery Manufacturers
When a defective product or machine contributes to an accident, the manufacturer may face liability under product liability law regardless of on-site conduct.

Design Professionals
Architects and engineers can bear responsibility when design errors create hazardous site conditions that foreseeably cause injury.

Workers’ Compensation vs. Third-Party Claims in Maryland

Maryland workers’ compensation is a no-fault system. Injured employees receive medical and wage benefits through the Maryland Workers’ Compensation Commission regardless of who caused the accident. Coverage includes medical expenses, a portion of lost wages through temporary and permanent disability benefits, and vocational rehabilitation.

What workers’ compensation doesn’t cover matters enormously in serious cases: pain and suffering, full lost wages, and loss of consortium are only available through a separate third-party personal injury claim. Maryland law generally bars employees from suing their own employer in civil court for on-the-job injuries. Workers’ compensation is the exclusive remedy against the employer under Md. Code, Labor and Employment § 9-509. However, non-employer parties whose negligence contributed to the accident can be sued directly, and both a workers’ compensation claim and a third-party lawsuit can proceed simultaneously.

One important complication: the employer’s workers’ compensation insurer may hold a statutory lien against any third-party recovery. Managing that lien requires careful legal handling. Maryland also applies contributory negligence in civil cases, meaning a plaintiff found to share any percentage of fault may be barred from third-party recovery, though whether that doctrine applies depends on the specific facts of each case. Damages available in a third-party claim can include full medical expenses, full lost wages, pain and suffering, permanent disability, and wrongful death damages.

Filing Deadlines for Maryland Construction Accident Claims

Maryland construction accident cases carry distinct deadlines for workers’ compensation filings and third-party personal injury actions, and missing either can affect the right to recover.

• Employer notice: Injured workers must notify their employer within 10 days of the accident under Md. Code, Labor and Employment § 9-704. Written notice is strongly recommended to preserve a clear record, though oral notice is legally sufficient.
• Workers’ compensation filing: Claims should be filed with the Maryland Workers’ Compensation Commission within 60 days of the injury. The absolute outer limit is two years under Md. Code, Labor and Employment § 9-709.
• Third-party personal injury statute of limitations: Maryland generally allows three years from the date of the accident to file a civil claim under Md. Code, Courts and Judicial Proceedings § 5-101.

These deadlines run independently. Missing the workers’ compensation notice deadline doesn’t automatically extinguish a third-party claim, but both must be actively tracked. Evidence, including photographs, witness statements, accident reports, and OSHA investigation records, is most reliably preserved when collection starts immediately after the accident.

Steps to Take After a Construction Accident in Maryland

The actions you take in the days following a construction accident can affect the strength of your claim.

• Seek medical attention immediately, even if injuries seem minor. Some serious conditions aren’t apparent right away.
• Report the injury to your employer within 10 days to meet the Maryland workers’ compensation notice requirement. Written notice is strongly recommended, though oral notice is legally sufficient.
• Don’t give recorded or written statements to any insurer before consulting an attorney. Early statements are routinely used to minimize or deny claims.
• Photograph the accident scene, any hazardous conditions, the equipment involved, and your injuries.
• Collect names and contact information for witnesses present at the scene.
• File a workers’ compensation claim with the Maryland Workers’ Compensation Commission within the required timeframe.
• Consult a Maryland construction accident attorney to determine whether a third-party claim is available alongside your workers’ compensation case.

Crane, Forklift, Welding & Electrocution Cases

Wilson & Parlett handles the full range of Maryland construction accident cases, including those involving specific equipment and hazards that present distinct liability questions and regulatory standards. We have dedicated pages covering crane accidents, forklift accidents, welding injuries, and electrocution cases on construction sites. Each involves particular federal and state safety regulations, equipment standards, and potentially liable parties that go beyond what a general overview can address.

If your accident involved one of these scenarios, visit the relevant page for more detailed information, or call us directly at (301) 231-1737 to discuss your situation.

Free Case Review for Injured Maryland Construction Workers

If you’ve been injured on a Maryland construction site, don’t navigate the workers’ compensation system and potential third-party claims alone. We offer a free, no-obligation case appraisal in English or Spanish to workers and families throughout Maryland, Virginia, and Washington DC.

We don’t collect a fee unless we recover compensation for you. Call Wilson & Parlett today at (301) 231-1737 to speak with a construction accident lawyer about your Maryland case.