Third Party Lawsuits

Third-Party Liability after Maryland Workplace Accident

August 18, 2021 | Lebowitz & Mzhen

Maryland’s Workers’ Compensation Commission (MWCC) provides compensation to workers who suffer injuries on the job. The coverage only includes medical care and some wage benefits. However, the system rarely covers the extent of injuries and subsequent damages that Maryland workers often face after a workplace accident. In most cases, workers’ compensation is the sole remedy for Maryland workers who suffer injuries at work. The only exceptions include when the victim’s employer engaged in intentional or willful conduct.

While the law limits many victims, there may be additional avenues of relief. For instance, an injured worker may be able to file a lawsuit against a negligent third party that caused their accident. These claims are distinct from workers’ compensation and allow victims to go through the traditional civil court claims process. A third-party claim may be relevant in cases involving:

Independent contractors;

Filing a Third-Party Work Injury Claim After a Maryland Accident

January 27, 2021 | Lebowitz & Mzhen

Many Maryland residents go to and from work every day without ever experiencing any major accidents. Sometimes, however, accidents occur on the job, and employees will find themselves injured because of something that happened while they were working. These accidents can take many forms. For example, mailmen might get bitten by a dog while delivering mail, or they might trip while walking up to someone’s door to drop off a package. Grocery store workers might slip on a wet floor, or mechanics might get injured by faulty machinery. In many of these circumstances, the employee would be eligible to claim worker’s compensation and recover financially for their losses against their employer. In some cases, however, a worker may also be able to bring a third-party work injury claim to recover for the damages they have suffered.

What Is a Third Party Injury Claim?

Third-party work injury claims are filed by an employee injured on the job against a negligent party other than their employer—a third party. This type of claim is available when the injury was caused in full or in part by a party other than the employer.

For example, take a tragic accident from earlier this month. According to a local news report, the accident occurred around 7:30 one night at a Home Depot. A delivery driver (who did not work for Home Depot) was delivering construction materials when a load of drywall fell on him at the store, striking and ultimately killing him. Not much more is known about this incident right now, but it was clearly an unexpected tragedy.

Workers Severely Burned in Worksite Accidents

November 30, 2011 | Lebowitz & Mzhen

Two recent worksite accidents on November 2, 2011 resulted in serious burn injuries to a welder in one instance and a laundry worker in the other. At a granite quarry operated by Vulcan Materials in Kennesaw, Georgia, a welder was shocked by a high-voltage power line, receiving critical, but not life-threatening, burns. He was using a bucket truck to lift materials when the truck boom made contact with a 4,160-volt power line. Another man was apparently trapped on the crane during the incident, but was not injured. The burn victim was taken to an Augusta hospital’s burn center for treatment. The company that operates the power lines, along with the federal Mine Safety and Health Administration, is reportedly investigating the incident.

A laundry worker at a commercial laundry plant near Rome in northwest Georgia was severely burned in a steam pipe explosion. A pipe allegedly ruptured in the early evening, with sufficient force to blow out a wall nearby. Only two employees and one contractor were present in the plant at the time, according to news reports, and only one injury was reported. The Rome Fire Department and Floyd County EMS responded to the incident, and the Rome Fire Marshal is reportedly conducting an investigation.

Fortunately, no one was killed in either incident. Cases such as these demonstrate the risks present at construction and industrial worksites and the difficulty in determining liability for individual injuries. The workers’ compensation system provides a mechanism for workers injured on the job to recover damages from their employers. The system has many legal restrictions, and the process of making and recovering on a claim can be cumbersome and time-consuming. Workers’ compensation is also generally only available in situations where a worker can make a claim directly against an employer. Worksites often involve multiple contractors ands employers with a tangled web of relationships.

$2.4M Maryland Wrongful Death Verdict Awarded to Family of Forklift Driver Who Had Asbestos-Related Cancer

January 15, 2011 | Lebowitz & Mzhen

A jury has awarded $2.4 million to the family of Daniel Edwards for his Maryland wrongful death. Edwards died from mesothelioma in 2008.

His families said that he developed mesothelioma lung cancer from moving bags of asbestos for six years during the 60’s and 70’s while employed with National Gypsum. They contend that Union Carbide supplied and mined the asbestos and did not warn workers about the risks associated with exposure to asbestos even though they allegedly knew about the link between mesothelioma and asbestos two years before Edwards started working at the product manufacturer. Union Carbide’s lawyers have argued that it was National Gypsum’s job to warn its employees about the dangers of asbestos exposure.

However, a Baltimore City jury found that it was Union Carbide who was responsible for Edwards’ work-related disease. Because of the state’s cap on damages, the Maryland wrongful death award was lowered to $2.2 million.