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Third party cases

Sometimes in a workers compensation case, the employee is injured due to the negligence of a third party.  While each the injured worker and the employer both have a claim against the negligent third party, most of the time this claim is handled by the claimant’s lawyer.  The employer does have the right to file a lawsuit against the negligent party before the employee does.  This time frame can get tricky and you should consult with one of our Maryland Workers Compensation Lawyers to discuss this matter.  The insurer, self insured employer, Subsequent Injury Fund or Uninsured Employers Fund has a statutory lien on any recovery from a third party case.  The lien is comprised of the benefits paid to the injured worker but should not include any administrative costs of the insurer such as investigation, independent medical exams, case evaluators, or attorney fees incurred by the insurer.  This lien can also be negotiated as a part of settlement or recovery from the third party.