Maryland workers’ compensation laws provide compensation for on-the-job injuries. Getting a recovery in these cases is usually not difficult.
But the problem is that workers’ compensation claims largely ignore pain and suffering damages. In a serious injury case, the worst harm is almost invariably the pain and suffering of the victim. This means in a workers’ compensation case, you are getting less than half – often far less than half – of the value of your claim because it is a workers’ compensation claim.
If your injuries were exclusively caused by your employer’s negligence, there are only rare instances where you can still maintain an action against your employer directly. But if there is another person or company responsible for your injuries, you may be able to bring both a workers’ compensation claim and a third party negligence claim against the responsible party. In these cases, you can get your workers’ compensation benefits and get the pain and suffering and other damages that you can get in a civil lawsuit.
Many of the largest cases we have handled are in these two claim cases. Below we discuss some of the more common “two claim” scenarios.
Workers’ Compensation Motor Vehicle Accident Claims
The most common compensation claim and third-party civil lawsuit claim is in motor vehicle collision cases. If you are injured in a crash and you are not responsible, you have both a workers’ comp claim and a civil lawsuit against the at-fault driver (who might also be a co-employee if you are a passenger). We have dedicated an entire page to this scenario here.
Here is an example of how this can work. Let’s say Joe is driving a company truck to a job site when he suddenly gets rear-ended by Jill. The accident is clearly Jill’s fault and Joe suffers extensive back injuries and neck injuries as a result of the collision. Joe’s injuries leave him out of work for several weeks. Joe can bring a worker’s comp claim because the accident clearly occurred while he was on the job. The comp claim will only cover his medical bills and lost wages. However, in addition to the worker’s comp claim. Joe can also bring a negligence claim against Jill, the at-fault driver. In this claim, Jill and her insurance company can be liable for pain and suffering damages related to the accident.
Multiple Parties Involved on the Job
The most common type of non-auto workers’ compensation and third party injury or wrongful death cases that our law firm sees are those where there are multiple parties involved on the work site.
The potential pool of third-party tortfeasors in these cases is virtually limitless. We handled one case where a boiler exploded because it was defectively designed. We handled another claim (against Disney) where the plaintiff was asked to break down and move the set of a stage production with a poorly designed cart. Another claim that we filed was against a company when our client was helping to move steel trusses and dropped one on our client. The list goes on and on.
Premises Liability Cases
Premises liability laws make sure visitors and guests are safe when they are on someone else’s property, particularly when they have been invited on the property as workers or guests. This requires the landowner or occupier to take reasonable precautions to keep the visitors safe and to warn of potential hazards.
Common examples of third-party on-the-job injury cases are slip and falls on unsafe surfaces, dog bites, negligent security, and faulty maintenance of the premises.
- Media article on Miller & Zois workers’ compensation slip and fall verdict for $537,000.
- Average premises liability verdict in Maryland.
Medical Malpractice Claims
This is another type of cases we see all too frequently. The employee gets injured on the job and goes to get treatment and the doctors commit medical malpractice in treating the patient. You can learn more about these cases here.
When Can You File a Third-Party Claim?
If someone other than your employer caused or contributed to your workplace injury, you may be entitled to file a third-party negligence claim. Workers’ compensation laws, while helpful in covering basic medical bills and lost wages. It is really great when your own mistake caused your accident because you can still get some compensation. But if someone’s negligence is the cause of your injuries, it falls short of providing the justice and full compensation you deserve. These laws generally shield employers from lawsuits. The exception is that they do not protect outside parties whose negligence harmed you. A third-party claim can help you recover additional damages, including for your pain and suffering—damages that workers’ comp completely ignores.
To determine whether you can file a third-party claim, we look at whether another individual or entity—outside your employer—was responsible for the hazardous condition or incident that caused your injury. For example, if a piece of defective equipment caused your injury, the manufacturer or supplier could be held accountable. If a subcontractor or another company on-site fails to follow safety protocols, they may bear responsibility. Even a property owner who neglected to maintain safe premises could be liable if their negligence led to your injury.
Some of the most common third-party claims arise from defective equipment, unsafe conditions on worksites, subcontractor negligence, or even supplier misconduct. Imagine being hurt by collapsing scaffolding on a property owned by someone other than your employer, or by a delivery company’s mishandling of materials. In these situations, the negligent party can and should be held accountable. Similarly, work-related vehicle accidents caused by a third party—whether it’s another driver or a co-employee operating recklessly—are prime examples of where a third-party claim can make a significant difference in your recovery.
Bringing Workers Comp and Third-Party Tort Claims
The Maryland courts have held that a claim for worker’s compensation under the Maryland statute is NOT intended to be the exclusive remedy for an employee who is injured on the job. When an employee suffers an on-the-job injury that is caused by the negligence of a third party (someone other than their employer), they have the option of pursuing 2 claims. They can bring a worker’s comp claim against the employer AND they can also bring a negligence claim against the third party.
On-The-Job Injury Settlements and Verdicts
Below are summaries of settlements and verdicts in personal injury cases involving on-the-job injuries. These are all civil tort lawsuits against third parties or employers that were brought outside of the workers comp claim system.
- $68,500,000 Verdict (Pennsylvania, 2024): A worker fell 50 feet to his death while installing siding on a new luxury townhouse in Philadelphia. He lost his footing and fell through an inadequately secured guardrail on the scaffolding. The wrongful death lawsuit alleged that the contractor was negligent in failing to properly install safety guardrails.
- $10,250,000 Verdict (New Jersey, 2024): A 29-year-old construction worker sustained severe injuries, including disc herniations, disc bulges, and meniscus tears in both knees, after falling at a job site. He underwent multiple surgeries and filed a lawsuit against the general contractor, alleging negligence for failing to install safety rails on the platform and not providing safety equipment, such as a harness and ropes.
- $3,250,000 Settlement (Virginia 2024): A 16-year-old summer laborer tragically lost his life when a trench he was working in collapsed at a construction site. A Fairfax County erosion inspector had previously warned that the trench was too deep and unsafe without proper shoring, but the construction manager ordered the teenager to work in it before safety measures were implemented. The boy’s estate filed a wrongful death lawsuit, alleging negligence by the construction company and its manager, as well as the property owner’s failure to maintain safe conditions.
- $13,000,000 Settlement (North Carolina 2023): A 54-year-old construction worker suffered serious injuries when his aerial lift was toppled by an extension cord tangled with a snorkel lift operated by an unidentified contractor. The accident occurred while he was drilling holes 18 feet above ground at a construction site. The fall caused multiple fractures, including a comminuted ankle fracture. The worker filed a negligence lawsuit against the general contractor, a subcontractor, and the property owner, alleging failure to secure the work area and properly supervise lift operations.
- $2,590,000 Verdict (Connecticut, 2023): A construction worker fell from a tall ladder, fracturing his tibia. The injury led to compartment syndrome, resulting in nerve damage and partial permanent paralysis of his arm. The lawsuit claimed the ladder lacked proper safety mechanisms, contributing to the accident.
- $26,000,000 Verdict (Massachusetts, 2022): A construction worker fell through an unmarked opening in the scaffolding platform at a job site. The fall caused herniated discs in his cervical and lumbar spine, requiring multiple spinal fusion surgeries. The injuries resulted in permanent complications, including difficulty with bowel movements and erectile dysfunction. The lawsuit alleged that the general contractor was negligent in the installation and maintenance of the platform.
- $450,000 Settlement (Illinois, 2021): A bricklayer subcontractor fell from a ladder provided by the general contractor while working at a construction site, shattering his heel bone. The lawsuit claimed that the general contractor was negligent in failing to properly set up the ladder, leading to the accident.
What to Do If You Need a Maryland Attorney for Your Claim
If you have a suffered an injury on the job or have lost a loved one from an on-the-job injury, call us today at 800-553-8082. You can also get a free no obligation consultation
Related Information for Victims
- Overview of Maryland on the job injuries
- Our team of attorneys
- Do you have a comp claim or a personal injury case? Or both? We explain the difference in even greater detail.