Maryland Workplace Injury Lawyers

The Law Offices of Alex Poberesky represents Maryland workers who have been hurt in workplace-related accidents, including cases where a negligent third party, not the employer, may be responsible for the harm. This page focuses on those third-party claims rather than the workers’ compensation process, which the firm addresses on a separate, dedicated page.

Maryland law generally routes on-the-job injuries through the workers’ compensation system. Workers’ compensation provides benefits for covered medical expenses and wage-loss benefits, but it generally does not provide compensation for pain and suffering. When a third party, such as another driver, a subcontractor, or a property owner, contributed to your accident, a separate personal injury claim may be available.

What Counts as a Third-Party Workplace Injury Claim in Maryland

A third-party workplace injury claim is a civil claim against someone other than your employer, filed when that person or company’s negligence caused or contributed to your accident. Workers’ compensation may cover a portion of your medical bills and lost wages regardless of fault, while a third-party claim depends on proving another party was negligent. Depending on the circumstances, an injured worker may have a workers’ compensation claim, a third-party claim, or potentially both.

Who May Be Responsible for a Third-Party Workplace Injury

Liability for a workplace injury can extend beyond your employer when someone else’s negligence played a role. Depending on the facts, the following may potentially be responsible:

• A driver who caused a crash while you were working, such as making a delivery or traveling between job sites

• A subcontractor or general contractor working alongside you at a job site

• A property owner whose unsafe conditions contributed to the accident

• A manufacturer of defective tools, machinery, or equipment

• Another company or individual whose negligence contributed to the accident

Determining who may be liable requires reviewing the specific facts of your accident.

Common Third-Party Accidents on Maryland Job Sites

Third-party liability can arise in a range of workplace settings, including:

• Construction site accidents involving a subcontractor’s equipment or work

• Motor vehicle accidents while driving for work, such as deliveries or client visits

• Injuries caused by defective tools, machinery, or equipment

• Falls or injuries caused by unsafe conditions on another company’s property

• Accidents involving a different contractor or company operating at the same site

Not every accident in these settings involves a third party. Each case depends on what actually caused the injury.

Injuries That Often Follow These Accidents

Workplace accidents involving a third party can cause serious harm, including:

• Traumatic brain injuries

• Spinal cord injuries

• Fractures and crush injuries

• Amputations

• Burns

• Internal injuries and severe soft-tissue injuries

• Permanent disabilities

These injuries can bring significant medical costs, lost income, and lasting effects on daily life.

Workers’ Compensation vs. Third-Party Workplace Injury Claims in Maryland

Workers’ compensation is a separate legal system that covers many workplace injuries regardless of fault. The Law Offices of Alex Poberesky addresses that process in detail on its dedicated Maryland workers’ compensation page.

Depending on the circumstances and applicable Maryland law, an injured worker may be able to pursue a workers’ compensation claim and a third-party claim. Workers’ compensation benefits and a third-party recovery can affect one another, including through statutory reimbursement rights.

Compensation That May Be Available in a Third-Party Claim

Depending on the circumstances and the applicable law, a third-party claim may allow you to recover:

• Medical expenses, past and future

• Lost income and loss of future earning capacity

• Pain and suffering

• Property damage, where applicable

Unlike workers’ compensation, a successful third-party personal injury claim may provide compensation for damages such as pain and suffering and, where applicable, losses beyond the benefits available through the workers’ compensation system.

Evidence That Can Strengthen a Third-Party Workplace Injury Claim

Identifying the responsible third party and preserving evidence early can affect the outcome of your claim. Relevant evidence may include:

• Accident and incident reports

• Photographs and video from the scene

• Witness statements

• Medical records

• Employment and wage records

• Vehicle records, when a crash was involved

• Equipment or product records, when defective machinery played a role

• Job-site safety documentation

• Expert testimony, when appropriate

What to Do After a Workplace Accident in Maryland

1. Get medical attention for your injuries.

2. Report the accident to your employer through the appropriate channels.

3. Document the scene and your injuries if you are able to.

4. Get contact information for any witnesses.

5. Preserve photographs, video, and any equipment involved.

6. Keep copies of your medical and financial records.

7. Be careful about discussing fault with insurance adjusters.

8. Talk to a lawyer if a third party may have contributed to the accident.

These steps are general guidance and are not a substitute for individualized legal advice about your situation.

More Than 26 Years of Maryland Personal Injury Experience

The Law Offices of Alex Poberesky has represented injury victims for more than 26 years, including workers injured by negligent third parties in Maryland. The firm offers a free case evaluation and handles negotiations with insurance companies on behalf of injured clients, with litigation available when a fair settlement cannot be reached.

Workers in and around Essex can also reach out to our work injury lawyer in Essex for more localized support.

Frequently Asked Questions About Maryland Workplace Injury Claims

Can I sue someone other than my employer for a workplace injury?

Maryland workers’ compensation law generally makes workers’ compensation the exclusive remedy against an employer for a covered workplace injury, subject to certain statutory exceptions. A claim against a different party, such as a negligent driver or property owner, may be possible depending on the facts.

What if a subcontractor caused my workplace injury?

A subcontractor who caused or contributed to your injury may be treated as a third party, separate from your employer, depending on the working relationship and the circumstances of the accident.

Can I have a workers’ compensation claim and a third-party claim at the same time?

In some cases, yes. Depending on the circumstances, you may be able to pursue both, though any workers’ compensation benefits you receive may affect how a third-party recovery is handled.

How long do I have to file a third-party workplace injury claim in Maryland?

The deadline for a third-party workplace injury claim can depend on the circumstances of the case and whether a workers’ compensation award has been made. Maryland workers’ compensation law contains specific timing rules for actions against third parties, so you should speak with an attorney promptly rather than relying solely on the general three-year civil statute of limitations.

Do I have to prove my employer was careless to bring a third-party claim?

No. A third-party claim focuses on the conduct of the responsible outside party, not on your employer’s actions.

Will workers’ compensation have to be repaid if I recover from a third party?

Possibly. Maryland law provides reimbursement rights to certain workers’ compensation insurers, employers, and funds when an injured worker recovers damages from a responsible third party. The amount and effect of any reimbursement can depend on the circumstances of the workers’ compensation and third-party claims.

Is a third-party claim only available for construction accidents?

No. Third-party claims can arise in delivery and driving accidents, incidents on another company’s property, and cases involving defective equipment, among other situations.

If someone other than your employer, such as a driver, a subcontractor, or a property owner, may have caused or contributed to your workplace accident, contact the Law Offices of Alex Poberesky at (410) 834-4292 to discuss what happened and review your potential legal options.