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.
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.
This is an example of a situation where an employee—or in this case, an employee’s family, since the victim was killed—may be able to file a third-party claim. In this case, rather than suing the victim’s employer, the plaintiffs would potentially file suit against Home Depot. To be successful in this claim, the plaintiffs would have to prove that Home Depot, or one of its employees, somehow caused the accident. Perhaps they negligently secured the drywall high up somewhere, creating a risk that it would fall on someone below, for example. If the plaintiffs can successfully prove that Home Depot was responsible for the accident, they can recover financially against them to try and make them whole after the damage suffered. Damages awarded to plaintiffs in cases such as these commonly include medical expenses, pain and suffering, lost wages, and even funeral and burial costs.