If you suffered a workplace accident in Greenbelt caused by someone else’s negligence, you may have legal options beyond workers’ compensation in the form of a third-party negligence claim. This claim allows you to recover compensation for your injuries.
At CHASENBOSCOLO, we understand the physical, emotional, and financial toll workplace accidents take on injured workers and their families. Our legal team will work with you to identify all liable parties and pursue compensation for your losses.
Why Choose CHASENBOSCOLO for Your Workplace Accident Claim?
CHASENBOSCOLO has represented injured workers throughout Greenbelt and Maryland since 1986. Our team includes multiple Super Lawyers and AV-rated attorneys with experience handling workplace injury cases. We’ve recovered over $1.1 billion for our clients since 1986. Our attorneys have handled hundreds of jury trials in workplace accident cases.
What sets our firm apart is our understanding of both workers’ compensation benefits and third-party negligence claims. We don’t just help you navigate the workers’ comp system, we also identify other parties responsible for your accident. Then we pursue additional compensation on your behalf. Our attorneys serve on the NFLPA workers’ compensation panel, which demonstrates our recognition in workplace injury law. We’re available 24/7 to discuss your case. We work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Understanding Third-Party Negligence in Workplace Accidents
What Is Third-Party Negligence?
Third-party negligence occurs when someone other than your employer causes your workplace injury. This happens through careless or reckless actions. While workers’ compensation typically covers injuries caused by your job duties, third-party negligence claims allow you to sue the responsible party. You can recover additional damages beyond workers’ comp benefits.
For example, if a defective piece of equipment manufactured by a third-party company causes your injury, you can pursue a claim against that manufacturer. If a contractor working at your job site causes an accident through negligence, you may have a claim against that contractor. If a property owner fails to maintain safe conditions at a location where you work, you can potentially sue that property owner. These third-party claims exist separately from your workers’ compensation benefits.
When Can You Sue a Third Party?
You can pursue a third-party negligence claim when someone other than your employer or a co-employee causes your workplace injury through negligence. Maryland law §9–902 allows injured workers to sue third parties. You can do this even while receiving workers’ compensation benefits. This is a significant advantage because it means you can recover both workers’ comp benefits and additional damages from the negligent third party.
Common Scenarios
Common scenarios where third-party claims arise include defective equipment or machinery, negligent contractors or subcontractors, unsafe property conditions created by someone other than your employer, and failures to warn about known hazards. Maryland law requires that you prove the third party was negligent in causing your injury. If you bear any responsibility for the accident, this may affect your ability to recover damages.
Common Workplace Accidents in Greenbelt
Greenbelt’s diverse economy includes construction sites, manufacturing facilities, retail businesses, and service industries. Workplace accidents happen in all these environments.
- Construction site accidents are particularly common. These include falls from heights, scaffold collapses, crane accidents, and struck-by incidents.
- Manufacturing and industrial accidents involve machinery malfunctions, electrocutions, and chemical exposures.
- Delivery and transportation accidents occur when drivers or equipment operators act negligently. Premises liability incidents happen when property owners fail to maintain safe conditions.
Each of these accident types may involve third-party negligence. A construction worker injured by defective scaffolding has a claim against the equipment manufacturer. A warehouse worker struck by a forklift operated negligently by a contractor has a claim against that contractor. An employee injured due to inadequate security has a claim against the property owner. Identifying all liable parties is crucial to maximizing your compensation.
Types of Compensation Available
Economic Damages
Economic damages compensate you for financial losses directly caused by your workplace accident. These include all past and future medical expenses related to your injury. This covers emergency care, surgery, hospitalization, physical therapy, and ongoing treatment. Lost wages cover income you lost while recovering from your injury. If your injury prevents you from returning to your previous job, you can recover compensation for lost earning capacity. Rehabilitation costs, including vocational training to learn a new profession, are also recoverable.
Non-Economic Damages
Non-economic damages compensate you for the non-financial impact of your injury. Pain and suffering damages account for the physical pain and discomfort you experience. Emotional distress damages cover anxiety, depression, and psychological trauma resulting from your accident. Loss of enjoyment of life compensates you for your inability to participate in activities you enjoyed before your injury. Permanent scarring or disfigurement may also warrant additional compensation.
How CHASENBOSCOLO Handles Workplace Accident Claims
Our process begins with a thorough investigation of your accident. We gather evidence and interview witnesses. We review safety records and consult with experts. This helps us understand exactly what happened and who bears responsibility. We identify all potentially liable parties. These include equipment manufacturers, contractors, and property owners.
Once we understand the facts, we determine your claim’s value. We calculate your economic damages. We assess your non-economic damages. We negotiate aggressively with insurance companies and defendants. Our goal is to reach a fair settlement. If negotiations don’t produce adequate compensation, we’re prepared to take your case to trial. Our attorneys have extensive trial experience. We’re prepared to present your case to a jury.
Throughout the process, we keep you informed and involved in all decisions. We explain your options clearly. We answer your questions thoroughly. We handle all communication with insurance companies and opposing counsel. This allows you to focus on your recovery. Our goal is to secure compensation for your losses. We work to minimize stress on you and your family.
Maryland Laws Affecting Workplace Accident Claims
Maryland law allows injured workers to bring claims against third parties under Md. Code, Labor & Employment § 9-901, but because these are tort actions, the injured worker must prove negligence to recover damages. You must prove negligence in order to recover damages. If you bear any responsibility for your accident, this may affect your recovery. The specific rules governing fault in Maryland workplace accident cases are complex. These rules depend on the circumstances of your injury.
Strict Contributory Negligence
Maryland follows a strict contributory negligence rule. This means if you are found to be any percentage at fault, you cannot recover damages. This is different from comparative negligence states. In those states, you can recover even if you’re partially at fault. This is an important distinction that affects your case.
Statute of Limitations
The statute of limitations for third-party negligence claims in Maryland is three years from the date of your injury. This means you have three years to file a lawsuit. However, it’s important to act quickly. Evidence can disappear and witnesses’ memories fade over time. Under Maryland Code § 5-101, you have a limited window to pursue your claim.
Maryland’s workers’ compensation exclusivity doctrine generally prevents you from suing your employer for workplace injuries. However, this doctrine has important exceptions. If your employer intentionally caused your injury, you may be able to sue. If your employer engaged in bad faith conduct related to your injury, you may have a claim. These exceptions are narrow. They demonstrate that Maryland recognizes situations where workers’ comp alone doesn’t provide adequate protection.
Prince George’s County, where Greenbelt is located, has its own court system and local rules. These rules affect how workplace accident cases proceed. Our attorneys are familiar with Prince George’s County courts and judges. This gives us an advantage in pursuing your claim locally.
Frequently Asked Questions
What is the difference between workers’ compensation and a third-party negligence claim?
Workers’ compensation is a no-fault insurance system. It provides benefits regardless of who caused your injury. It covers medical expenses and partial lost wages. It typically doesn’t cover pain and suffering. Third-party negligence claims require proving the other party was negligent. They allow you to recover all damages, including pain and suffering. You can pursue both simultaneously.
How long do I have to file a workplace accident claim in Maryland?
You have three years from the date of your injury to file a third-party negligence lawsuit in Maryland. However, you should report your injury to your employer immediately. Notify us as soon as possible. Early action preserves evidence and witness testimony.
Can I receive both workers’ compensation and sue a third party?
Yes. Maryland law allows you to receive workers’ compensation benefits. You can also pursue a third-party negligence claim. However, your workers’ compensation insurance carrier may have a lien against your third-party recovery. They may seek to recoup benefits they paid. We handle these liens. We work to minimize their impact on your recovery.
What evidence do I need to prove third-party negligence?
You need to prove the third party owed you a duty of care. You must show they breached that duty. You must prove they caused your injury. Evidence includes accident scene photos, witness statements, safety records, expert reports, medical records, and the defendant’s prior safety violations. We gather and organize this evidence. We build a strong case for you. See our guide on documenting pain and suffering for more information.
How much is my workplace accident claim worth?
Your claim’s value depends on your medical expenses, lost wages, and earning capacity. It also depends on the severity of your pain and suffering. Permanent injuries are worth more than temporary ones. We evaluate all factors. We provide a realistic estimate of your claim’s value. Visit our results page to see examples of settlements we’ve achieved.
What if I was partially at fault for the accident?
Maryland law requires that you prove negligence by the third party. If you bear any responsibility for the accident, this may affect your ability to recover damages. Maryland follows strict contributory negligence rules. If you are found any percentage at fault, you cannot recover. We evaluate your case carefully. We determine your potential recovery based on Maryland law.
How long does a workplace accident case take?
Simple cases may settle within months. Complex cases involving multiple parties or serious injuries may take one to three years. We work efficiently to resolve your case quickly. We work to ensure we recover compensation for your losses. We keep you informed about the timeline and update you on any developments.
Contact CHASENBOSCOLO for Your Free Consultation
Don’t wait to pursue your workplace accident claim because the statute of limitations is three years. Call (301) 220-0050 or contact us online to schedule your free consultation. We’re available 24/7 to discuss your case and explain your legal options. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you.