When a Work Injury Also Involves a Third Party: What Maryland Workers Need to Know

Most Maryland workers know that if they are injured on the job, workers’ compensation benefits are typically available to help cover medical treatment and a portion of lost wages. What many people do not realize is that some workplace accidents involve more than just a workers’ compensation claim.

 

In certain situations, a third party, someone other than your employer or a coworker, may have contributed to the accident. When that happens, an injured worker may have the right to pursue both workers’ compensation benefits and a separate personal injury claim. Understanding the difference can have a significant impact on the compensation available after a serious injury.

 

Understanding Employer Liability vs. Third-Party Liability

 

Maryland’s workers’ compensation system is designed to provide benefits regardless of who caused a workplace injury. In exchange for these no-fault benefits, employees generally cannot sue their employer for damages related to a work injury.

 

However, workers’ compensation does not prevent an injured employee from pursuing a claim against a negligent third party. A third party can be an individual, company, property owner, manufacturer, contractor, or other entity whose actions contributed to the accident.

 

While workers’ compensation may cover medical expenses and wage-loss benefits, a third-party personal injury claim may allow an injured worker to recover additional damages that are not available through workers’ compensation alone.

 

When a Workers’ Compensation Case Expands Into a Personal Injury Claim

 

Many workplace injuries appear straightforward at first. An employee gets hurt, reports the incident, and files a workers’ compensation claim. However, a closer investigation may reveal that someone outside the employer’s organization contributed to the injury. Common examples include:

 

Unsafe Property Conditions - Many employees perform work in office buildings, warehouses, retail centers, apartment complexes, or construction sites owned by someone other than their employer. Property owners and managers have a responsibility to maintain reasonably safe premises.

 

Hazards such as poor lighting, broken stairs, uneven walkways, wet floors, or unrepaired potholes can lead to serious injuries. If a property owner knew, or should have known, about a dangerous condition and failed to address it, they may be held liable for resulting injuries.

 

Defective Equipment or Machinery - Workplace injuries can also occur when equipment, tools, machinery, or safety gear fail unexpectedly.

 

A defective product may have:

• A dangerous design defect
• A manufacturing defect
• Missing safety features or guards
• Inadequate instructions or warnings

In these situations, the manufacturer, distributor, supplier, or maintenance company may bear responsibility for the injury rather than the employer.

 

Negligent Security - Some workplace injuries occur because a property owner or security provider failed to take reasonable steps to protect people on the premises.

 

Inadequate lighting, broken security systems, non-functioning cameras, unsecured entrances, or a lack of security personnel can create conditions that increase the risk of criminal activity. When foreseeable dangers are ignored, a negligent security claim may arise alongside a workers’ compensation case.

 

How Separate Claims Can Affect Compensation

 

One of the biggest reasons to identify a potential third-party claim is the difference in available compensation.

 

Workers’ compensation benefits generally provide:

• Medical treatment expenses
• Partial wage replacement
• Permanent disability benefits when applicable
• Vocational rehabilitation benefits in certain cases

However, workers’ compensation does not cover injured workers' pain and suffering.

 

A third-party personal injury claim may allow recovery for:

• Full lost wages and future earning capacity
• Medical expenses not covered by workers’ compensation
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Other damages available under Maryland personal injury law

Because of these differences, pursuing both claims when appropriate can significantly affect an injured worker’s financial recovery.

 

It is also important to understand that Maryland law generally allows workers’ compensation insurers to seek reimbursement from a third-party settlement or verdict for benefits they have already paid. Proper coordination of both claims is essential to protect your interests and maximize overall compensation.

 

Why Acting Quickly Matters

 

Time is often critical after a workplace injury involving a third party. Important evidence can disappear quickly. Security footage may be overwritten, hazardous conditions may be repaired, and defective equipment may be altered or removed from service.

 

Maryland workers’ compensation claims also have filing requirements that injured employees must follow, while most third-party personal injury claims are subject to Maryland’s three-year statute of limitations.

 

The sooner an attorney can investigate the circumstances of an accident, the better the opportunity to identify all potentially responsible parties and preserve important evidence.

 

Request a Case Evaluation

 

If you were injured at work and the accident occurred on someone else’s property, involved defective equipment, or resulted from an assault or unsafe environment, you may have more than a workers’ compensation claim.

 

At Dobbs Law, our practice focuses on real work-injury cases in Maryland. We understand how workplace accidents happen, how to document what occurred, and how to identify situations where third-party liability may exist alongside a workers’ compensation claim.

 

If you believe someone other than your employer contributed to your injury, consider seeking legal guidance as soon as possible. Bring any incident reports, photographs, witness information, or details about the property, equipment, or security conditions involved.

 

A case evaluation can help determine whether you may be entitled to pursue both workers’ compensation benefits and a separate personal injury claim.