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Last updated October 2026

Workplace Injury & Third-Party Claims

Posey Lebowitz represents workers in Washington, D.C., Maryland, and Virginia who were hurt on the job by someone other than their employer. Workers' compensation bars most lawsuits against the employer, but not against outside contractors, other drivers, property owners, or equipment makers. These cases turn on who else caused the injury and how the compensation lien is handled.

Workers' compensation is a floor, not a ceiling.

If you are hurt on the job, workers' compensation pays medical bills and a fraction of lost wages, and in exchange you generally cannot sue your employer. Most people are told that and stop there.

But the compensation bar protects your employer. It does not protect the outside maintenance contractor who serviced the machine, the manufacturer who built it, the driver of the other vehicle, the general contractor who controlled the site, or the property owner who let the hazard sit. A claim against any of them is an ordinary negligence case, with pain and suffering, full wage loss, and no statutory schedule.

Three questions worth asking about any workplace injury

  1. Did equipment fail, and who built, installed, inspected, or maintained it?
  2. Was anyone on that site who did not work for your employer?
  3. Did a vehicle cause it, and whose vehicle was it?

If the answer to any of them is yes, there is likely a second claim, and it is usually worth considerably more than the compensation claim.

Pursuing it does not by itself cost you your compensation benefits, though the compensation carrier will generally assert a lien against the recovery, which is itself something to negotiate rather than simply pay.

Hurt at work by a third party? Read the guide →

Third-party claims in D.C., Maryland, and Virginia

In all three jurisdictions, workers' compensation is the exclusive remedy against the employer, but a claim against a negligent third party survives (D.C. Code § 32-1504; Md. Code, Lab. & Empl. § 9-509; Va. Code § 65.2-307). What differs is who may sue first, how fast you must act, and who counts as a third party. This section covers the third-party case and how to protect it, not the compensation claim itself.

  • D.C.: a six-month trap. You do not have to choose between compensation and a third-party suit (D.C. Code § 32-1535(a)). But if you accept compensation under an award in a compensation order, your right to sue the third party is assigned to your employer unless you file suit within six months after the award (§ 32-1535(b)). Settling with the third party for less than your compensation entitlement without the written approval of your employer and its carrier can cut off further compensation (§ 32-1535(g)). When you recover, litigation costs and fees are shared with the employer in proportion to what each receives (§ 32-1535(f-1)).
  • Maryland: the employer's two months. Once compensation is awarded or paid, the employer or its insurer may sue the third party; if it does not sue within two months after the award, you may (Md. Code, Lab. & Empl. § 9-902(a), (c)). Your limitations period against the third party does not begin to run until two months after the first award (§ 9-902(d)). From your recovery, you first deduct your costs and expenses, then reimburse the compensation paid, and keep the balance, with fees shared in proportion (§ 9-902(e), (f)).
  • Virginia: who counts as a third party. A compensation claim gives the employer a lien on any third-party verdict or settlement and a right of subrogation (Va. Code § 65.2-309(A)). Virginia also narrows who can be sued: a subcontractor doing an essential part of the same project is not a “stranger to the work” and shares the employer's protection (Whalen v. Dean Steel Erection Co., 229 Va. 164 (1985)), and a project owner or contractor can be a “statutory employer” (Va. Code § 65.2-302). In Virginia, identifying a defendant who is truly outside the work is often the whole case. The general filing deadline is two years (Va. Code § 8.01-243(A)).

Many third-party claims are vehicle cases. See our pages on truck crashes, car accidents, and premises liability.

Frequently asked questions

Can I sue my employer for a workplace injury?

Generally no. In D.C., Maryland, and Virginia, workers' compensation is the exclusive remedy against your employer (D.C. Code § 32-1504; Md. Code, Lab. & Empl. § 9-509; Va. Code § 65.2-307). Narrow exceptions exist, such as an employer that failed to carry compensation insurance.

Who else can I sue for a work injury?

Anyone outside your employer whose negligence caused the injury. That can include another driver, an outside contractor, a property owner, or the maker or servicer of equipment. In Virginia, a contractor working on the same project may be treated as part of the work and protected from suit, so the analysis is more careful there.

Do I have to pay back workers' comp out of a third-party recovery?

Usually yes, in part. The employer or its carrier generally has a lien on the third-party recovery (Va. Code § 65.2-309(A); Md. Code, Lab. & Empl. § 9-902(e)). In D.C. and Maryland, the costs and attorney's fees of the third-party case are shared in proportion to what each side receives (D.C. Code § 32-1535(f-1); Md. Code, Lab. & Empl. § 9-902(f)). The lien is often negotiable.

Is there a deadline to bring a third-party claim in D.C.?

Yes, and it can come early. If you accept compensation under an award in a compensation order, your right to sue the third party is assigned to your employer unless you file suit within six months after the award (D.C. Code § 32-1535(b)).

Can I settle with the third party without my employer's approval?

Be careful. In D.C., settling for less than the compensation you are entitled to without the written approval of your employer and its insurer can end your right to further compensation (D.C. Code § 32-1535(g)). In Virginia, an employer whose lien was not satisfied can recover it as a credit against future benefits or by suing whoever received the proceeds (Va. Code § 65.2-309(D)).

Talk to a DMV injury lawyer today

In D.C., accepting compensation under an award starts a six-month clock on your right to sue the third party yourself. Call before that window, or any settlement, closes the door.

Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007

Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.

More than $32 million recovered.

Plus more than $22 million in other assets.

Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.

See the results →

These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.