Workers’ Compensation

Third-Party Liability in Workplace Injuries

Person with arm in a sling.

What is a Third-Party Claim?

In Maryland, workers’ compensation generally covers job-related injuries without proving fault—but it also prevents you from suing your employer for negligence. That rule changes if someone outside your workplace is responsible for your injury. A “third-party” claim is a separate personal injury lawsuit against a non-employer whose negligence played a role in your accident. In plain terms, you may be able to collect workers’ comp and sue the at-fault party for additional damages.

Man in work clothes using a grinder, sparks flying; rusty metal and debris in a sunlit area.

Common Examples of Third-Party Work Injury Situations


01

Car Accidents While on the Job

for all reasonable and necessary treatment related to your injury

02

Defective Equipment

If a tool or machine fails because of a manufacturing defect and injures you, you may have a product liability claim against the maker or distributor.


03

Construction Site Hazards

On multi-contractor sites, if another company’s negligence—like leaving a live wire exposed—hurts you, that’s a potential third-party claim.



04

Dangerous Property Conditions

If you’re hurt while working on someone else’s property—say you trip on an unsafe stairwell or get bitten by a dog—you might sue the property owner.

05

Assaults by Non-Employees

If a customer, vendor, or stranger assaults you at work, there could be claims against them or a negligent security provider.


Why a Third-Party Claim Can Mean Greater Recovery

Workers’ comp benefits are vital, but they have limits—covering medical bills and partial wage loss, but not pain, suffering, or full lost earnings. A third-party lawsuit can help fill that gap. For example, comp might replace part of your paycheck, but a lawsuit can pursue the rest of your lost income plus damages for your pain and life disruption. If you recover money from a third-party claim, the comp insurer may have a right to reimbursement for what they paid—but we work to reduce that lien so you keep more of your settlement.


Coordinating Lawsuits with Your Workers’ Comp Case

Pursuing both a workers’ comp claim and a third-party lawsuit requires careful planning—they impact each other’s timing and value. Our firm manages both together, ensuring the strategies align. With David Fink’s deep experience in both personal injury and workers’ compensation law, we protect your eligibility for comp benefits while pursuing the maximum possible recovery from the third-party claim.


Our Track Record in Third-Party Work Injury Claims

We’ve helped injured workers get immediate comp benefits for medical care and lost wages, while also winning substantial lawsuit settlements against negligent third parties. That combination can make the difference between financial strain and long-term stability after a serious work injury.

Free Case Evaluation

Consult Us to Explore All Your Options

If you’ve been hurt at work anywhere in Maryland or Washington, D.C., don’t assume workers’ comp is your only path. Contact us for a free consultation, and we’ll examine every possible claim—whether it’s against a careless driver, a negligent subcontractor, or a product manufacturer. Our goal is to maximize your recovery across every available avenue.