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Does Maryland recognize third-party claims?

On Behalf of | Apr 15, 2024 | WORKERS' COMPENSATION - Workers' Compensation

Workers’ compensation serves as a vital safety net for employees injured on the job. It offers immediate financial support and medical benefits without the need to take your employer to court. Sometimes an injury at work is caused by a third party. This brings up a question: does Maryland recognize third-party claims in workers’ comp claims?

Understanding third-party claims

When an injury stems from someone other than the employer or a colleague, it falls under the category of third-party claims. Third-party claims come up in various ways, such as defective equipment from manufacturers, accidents involving negligent drivers or unsafe premises maintained by property owners that are not the employer.

Maryland law empowers injured workers to pursue compensation beyond standard benefits. If a third-party’s actions lead to injury during work duties, the injured party is eligible for compensation under workers’ compensation laws, in addition to being able to sue the third party directly.

Navigating the legal landscape

In the pursuit of a third-party claim, injured employees must follow legal procedures. State courts have affirmed the compensability of injuries caused by third parties, separate from the workers’ compensation system. However, it is crucial to note that if the employee’s actions contributed to the injury, compensation eligibility might be affected.


Subrogation plays a pivotal role in our state’s workers’ compensation landscape. It allows insurers to recover benefits paid to the injured worker from any third-party settlements. Specific rules govern this process that protect both the insurer’s interests and the injured worker’s rights to recovery. Keep this in mind when deciding whether to settle with a third party and for how much.

Maryland’s approach to third-party claims within workers’ compensation underscores the state’s commitment to employee protection. By acknowledging the potential involvement of external parties in work-related injuries, our state ensures that workers have avenues for seeking justice and compensation beyond traditional benefits.