How Can I Get Compensation for a Third-Party Work Accident?

 Posted on May 29, 2026 in Personal Injury

If you were injured at work because of someone outside your company, you may be entitled to more damages than what workers’ compensation offers. Workers' comp covers your medical bills and a part of lost wages. It does not address pain and suffering, full lost earning capacity, or other damages. In a work accident involving a third party, these may be addressed by an outside personal injury claim.

If you've been hurt at work in 2026, a Bowie, MD personal injury attorney can help you pursue every avenue of compensation you're entitled to.

What Is a Third-Party Work Accident Claim?

Workers' compensation, which is required by almost all employers in Maryland, is a no-fault system. You don't need to prove your employer did anything wrong to collect benefits. In exchange, workers' comp is generally your only remedy against your employer. You typically cannot sue your employer directly for negligence leading to an injury.

A third-party claim is different. These happen when someone, such as a contractor, a property owner, an equipment manufacturer, or a delivery driver, causes or contributes to your injury. In such a situation, you can pursue both workers' compensation and a separate personal injury lawsuit against that third party.

These claims can be filed simultaneously under Maryland Labor and Employment § 9-902. However, if you win your civil suit, the workers’ compensation insurer may have a right to reimbursement for benefits already paid. In successful third-party suits, however, many claimants still end up with a larger payout than if they had only filed a workers’ comp claim.

What Can Lead to a Third-Party Claim in Maryland?

Third-party claims can come up often when there are multiple companies or contractors working together. Common scenarios include:

• A delivery driver hurt in a crash caused by another motorist while on the job

• A construction worker injured by a subcontractor's negligence on a shared job site

• A warehouse worker hurt by defective equipment or machinery

• A service worker injured on someone else's property because of a hazard the owner failed to take care of

In each of these cases, workers' comp only addresses your employer's side of the situation. A third-party claim may allow for greater compensation depending on the circumstances.

What Compensation Can a Third-Party Claim Recover That Workers' Comp Can't?

Workers' compensation is set up to replace a part of lost wages and covers medical expenses. These aren’t the only losses someone experiences after an injury at work, though. Others include pain and suffering, emotional distress, loss of enjoyment of life, or diminished earning capacity if your injury is permanent. A personal injury lawsuit against a third party can pursue all of these damages.

Should You Pursue a Workers’ Comp Claim or a Third-Party Claim in Maryland?

A third-party claim does come with some risk. Maryland follows a strict contributory negligence rule. Unlike most states, if you're found even one percent at fault for your own injury, you may be completely barred from recovering anything from the third party.

Because of this, it’s important to have experienced legal help to fight your case for you. It’s also important not to say anything to opposing insurance companies that could be construed as fault. If you’re unsure whether your injury is a good candidate for a third-party suit, speak to a lawyer who is familiar with workers’ compensation and personal injury law for guidance.

Call a Hyattsville, MD Personal Injury Attorney Today

Kisner Law not only has over ten years of legal experience, but also personal experience working for large insurance companies. Attorney Kisner understands the kinds of tactics insurers are likely to use to avoid paying your damages. We offer free consultations and work on a contingency fee basis. In other words, you pay nothing unless we win your case. We also have strong relationships with local judges and insurance companies that help us keep cases moving forward. 

Contact our Bowie, MD workers’ comp lawyer at 240-459-0097 for the white glove experience you deserve. We’re available 24/7 and will travel if needed.