Under What Circumstances Can I File a Third-Party Work Injury Claim?

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Regardless of the circumstances, you should not have to suffer a workplace injury by yourself. And regardless of how seemingly minor the damage appears, in the long run, it can still prevent you from doing your job or even living your life as you normally did. Follow along to understand how a proficient St. Mary’s County work injury lawyer at The Dorsey Law Firm can help you determine whether you are eligible to file for a workers’ compensation claim or a third-party claim. 

What are the common types of workplace accidents in the state of Maryland?

Though workplace injuries are commonly associated with jobs involving physical labor (i.e., on a construction site), injuries can occur in all fields of employment (i.e., at the office, in a retail setting, etc). That said, below are common types of workplace accidents in the state of Maryland:

  • Slip and falls.
  • Trip and falls.
  • Injuries due to muscle tensions.
  • Injuries due to falling debris.
  • Injuries due to repetitious motion.
  • Injuries due to heavy lifting.
  • Crashes.
  • Collisions.
  • Defective equipment. 
  • Inhalation of toxic fumes.
  • Exposure to loud noises.
  • Exposure to hazardous materials.
  • Electric shock.
  • Unsafe property conditions.

When can I file a workers’ compensation claim vs. a third-party claim?

Usually, if you were injured on a work site, you will first file a workers’ compensation claim. With this, you are essentially suing your employer’s insurance company, though you are not suing your employer directly.

However, sometimes you may also need to file a third-party claim. Essentially, this claim is applicable when there is a liable third party who is not your employer. This can be filed against any of the following negligent third parties: 

  • The property owner or the subcontractor, if they are not your employer.
  • The product manufacturer or designer, if you were injured by a defective product.
  • Any other entity that is not your employer.

If you bring forward a third-party claim after filing a workers’ compensation claim, you may be held responsible for the reimbursement to your employer and their insurance company for the support they offered you in the meantime. 

It is also important to note that your employer’s insurance company may issue a lien towards your future compensation to recover the money distributed to you for your medical bills, lost wages, and any other damages you claimed.

Understandably, this claims process can get overwhelming. Again, you should not have to go through this alone. Whenever you are ready, a talented Leonardtown personal injury lawyer is ready to step in and provide any legal assistance necessary to recover your damages. Give our firm a call at your earliest convenience.

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Contact The Dorsey Law Firm today to schedule your free initial consultation with our seasoned & dedicated personal injury lawyers.