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Third Party Claims in Workers’ Compensation Cases

By Dianne Freed on August 1, 2018

In Maryland, by statute, if you’ve been injured on the job due to a willful or negligent act by a third person (not you and not your employer) during the course of your employment, you can file both a workers’ compensation claim and a claim against the third person. Third party claims are important because in a typical workers’ compensation case you may not receive all the damages to which you are entitled. For instance, pain and suffering are not generally awarded in a workers’ compensation case.

There are some common situations where third-party claims arise:

Auto Accidents

The most common type of third-party claim in a workers’ compensation case involves auto accidents. If an employee is injured by the negligence of another driver while driving or traveling for the employee’s job, that worker can file a workers’ compensation claim. The employee can also sue the at-fault driver. In some auto accident cases, the third party could even be a co-worker if the employee was the injured passenger and the co-worker was the at-fault driver.

Premises Liability

Under Maryland law, a business or property owner has a duty to keep their premises reasonably safe for people who enter the property. Business or property owners must take reasonable precautions to make sure people are safe and to warn others of potential hazards. If an employee is injured on a business or property owner’s premises while on the property for a work-related reason, the employee could file a workers’ compensation claim and a claim against the business or property owner for premises liability. Common third-party claims involving premises liability include dog bites, slip and fall, failure to warn of known hazards, and negligent security.

Defective Products

If an employee is injured on the job due to a defective or dangerous product, the employee could file a third-party product liability claim against the manufacturer of the product. These products could be equipment or tools used by the employee in the course of employment. Defective products include those that are defectively manufactured, defectively designed, or fail to contain adequate warnings of their dangers.

Contact an Experienced Maryland Workers’ Compensation Attorney

If you’ve been injured at work, you need the help of a knowledgeable workers’ compensation attorney. The attorneys at Alpert Schreyer, LP are experienced and will evaluate your case for free to determine if you may be able to file a third-party action. Contact us online or call us at 1-844-MDCRASH to schedule your free consultation.

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Alpert Schreyer, LLC Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This web site is not intended to solicit clients for matters outside of the state of Maryland.

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Date published: 07/02/2018
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