Third Party Cases

Maryland’s workers’ compensation law create a no-fault system whereby injured workers can obtain limited benefits without needing to prove anyone else caused their injuries. However, if you’ve been hurt in a workplace accident that involved another’s negligence, you may be leaving money on the table if you only pursue a workers’ compensation claim. This is because workplace accidents that are the result of a third-party’s negligence do not need to go through the workers’ compensation system and can instead be filed as personal injury claims.

At the workers’ compensation and personal injury law firm of Foran & Foran, P.A., our dedicated attorneys have approximately 85 years of combined experience helping injured workers obtain the compensation they need, deserve and are entitled to. We are immediately available to meet with you to discuss your case and provide you with our honest, upfront insight about your options. And, if you decide to proceed as our client, we will not bill you for our services unless and until we successfully resolve your case.

A third-party personal injury claim arises when someone other than your employer is responsible for your work injury. Typically, this occurs in workplace accidents involving defective products, unsafe premises, or negligence by a third party.

For example, if you are a construction worker injured by faulty equipment, you can file a workers' compensation claim with your employer and a third-party claim against the equipment manufacturer. Or, if you were hurt in a car accident while on the clock, you may bring a personal injury claim against the driver of the vehicle that hit you.

These claims allow you to seek damages beyond those that are available through a workers' compensation claim. For example, if you successfully bring a third party case, you can recover compensation for your pain and suffering, lost wages, and medical expenses. However, to pursue a third-party claim, you need to prove that the third party's negligence directly caused your injury. This is different from a workers’ compensation claim, where you don’t need to show that anyone was negligent.

To prove negligence in a Maryland third party injury claim, you must establish four key elements:

1. Duty of Care: Demonstrate that the defendant owed you a legal duty of care. This means showing that the defendant had a responsibility to act in a manner that would prevent harm to you. For example, drivers have a duty to follow traffic laws to ensure the safety of others on the road.
2. Breach of Duty: Show that the defendant breached this duty by acting or failing to act in a way that a reasonably prudent person would under similar circumstances. This could involve reckless driving, medical malpractice, or failing to maintain safe premises.
3. Causation: Prove that the defendant's breach of duty directly caused your injury. You must establish a direct link between the defendant's actions and the harm you suffered.
4. Damages: Provide evidence of the actual damages or losses you incurred due to the injury, such as medical expenses, lost wages, and pain and suffering.

Gathering evidence, such as witness statements, medical records, and expert testimony, can strengthen your case. However, consulting with a skilled Prince George’s personal injury attorney is the best way to ensure that your claim will receive the attention that it deserves.

If you or a loved one was recently injured in an on-the-job accident, pursuing a workers’ compensation claim may mean that you are left uncompensated for your non-economic losses such as pain and suffering. To ensure you are fully compensated, you may need to file a third party injury claim. At Foran & Foran, P.A., our team of Prince George’s County work injury lawyers have unrivaled knowledge of both personal injury and workers’ compensation laws and can help you make the decision that’s best for your family. To learn more, and to schedule a free consultation today, call us at 301-441-2022 or connect with us online by filling out our secure online form.