When an individual suffers an injury at work, the immediate assumption is often that workers’ comp is the only available option. Under Maryland law, workers’ comp generally prevents employees from suing their employers directly for a workplace accident. However, many on-the-job incidents involve third-party negligence.
If someone else who isn’t the employer caused the harm, you may have the right to pursue a personal injury claim alongside a workers’ comp case. That overlap creates an opportunity to recover more compensation than workers’ comp alone would provide.
What is third-party negligence in the workplace?
Third-party negligence happens when someone other than your employer causes your work injury. While workers’ comp covers injuries caused by your employer or coworkers, it doesn’t stop you from holding outside parties accountable if their carelessness led to your harm.
In Maryland, third parties commonly involved in work injuries include:
- Property owners: If you’re injured on a client’s site or a property your employer doesn’t own, the property owner may be liable for unsafe conditions.
- Equipment manufacturers: Defective machinery, tools or safety equipment can lead to product liability claims against the manufacturer or distributor.
- Subcontractors or independent contractors: If another contractor on the job site caused your injury through negligent work, they may be held responsible.
- Delivery drivers or motorists: If you’re injured in a vehicle accident while working, the at-fault driver can be sued even if you were on the clock.
- Maintenance or repair companies: Outside vendors hired to service equipment or facilities may be liable if their negligence caused an injury.
Filing a third-party claim doesn’t replace your workers’ comp benefits. You can pursue both at the same time.
Filing personal injury lawsuits against negligent third parties
Not every third-party case starts with a lawsuit. Many begin with an insurance claim filed against the at-fault party’s liability coverage. If the insurance company offers a fair settlement, the case can resolve without ever going to court. However, if the insurer denies the claim, offers too little or drags out negotiations, filing a lawsuit may be necessary to protect your rights.
The personal injury claim targets the negligent third party, while workers’ comp covers your immediate medical bills and lost wages. This dual approach can result in fuller compensation for pain, suffering and long-term damages that workers’ comp doesn’t cover.
Understanding the overlap in Maryland
Maryland law recognizes that workplace injuries aren’t always black and white. You can collect workers’ comp benefits for medical care and lost wages while also pursuing a personal injury claim against the third party who caused your harm. The two cases run on separate tracks, and one doesn’t cancel out the other. If you’ve been hurt on the job and believe someone other than your employer is at fault, consider talking to an attorney to help you figure out your next steps.