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Third-Party Liability in D.C. Workplace Accidents: When Can You Sue Beyond Workers’ Comp?

Every year, thousands of workers in Washington, D.C. suffer injuries on the job. According to D.C.’s Office of Workers’ Compensation, the system is structured to provide timely medical care and wage replacement—but in many cases, that compensation is far from sufficient to cover all losses. If you’re left with significant medical bills or long-term impacts after a workplace accident, you may wonder if there’s a way to recover more than basic benefits. The real question becomes: When can you sue beyond workers’ comp? 

To find out how you can protect your rights and pursue the full compensation you deserve, call 202.544.2888 to speak with a top-rated Columbia workplace accident attorney.

When Can You Sue Beyond Workers’ Comp? 

Under the D.C. Workers’ Compensation Act, an employee’s remedy against the employer is generally limited to workers’ compensation benefits. However, D.C. law also makes clear that a worker may bring a third-party suit under certain circumstances. Specifically, D.C. Code § 32‑1535 provides that if a third person (i.e., someone other than your employer) is liable for your injury, you may bring a civil action in addition to your workers’ compensation claim.

But that right is not unconditional. There are statutory limits, timing rules, and subrogation rights that can restrict or extinguish your ability to sue. A good attorney for work injuries will assess whether your situation satisfies all the conditions in the statute.

When Someone Other Than Your Employer Causes the Injury

You can sue beyond workers’ comp only if a third party—not your employer—contributed to your injury. Typical scenarios include:

• A negligent motorist injures you while you are driving a company vehicle.
• A subcontractor or vendor not employed by your employer causes or contributes to a hazard.
• A defective tool, machine, or safety device manufactured by a separate entity malfunctions and causes harm.
• The property owner (other than your employer) fails to maintain safe conditions, leading to your injury.

Importantly, § 32‑1535 strictly disallows lawsuits against co‑employees acting in the same employ. The statute provides that the workers’ compensation remedy is “exclusive” in cases where the injury is caused by the negligence of another employed by the same employer. Therefore, a Columbia workplace injury attorney would look first at whether the identified defendant qualifies as a “third person” under D.C. law.

Timing and the Six‑Month Rule

Even when a third-party is at fault, the ability to sue is constrained by timing rules in § 32‑1535. Once a compensation order is issued by the Mayor, the injured worker has six months to bring a third-party action. Should you miss that window, the cause of action is assigned automatically to the employer or insurer. 

However, a 2015 amendment to D.C. law introduced a carve-out: if the employer fails to file suit against the third party within 90 days after the assignment, the right to sue reverts to the injured worker— unless the statute of limitations has already run. 

But that does not override the general three‑year D.C. tort statute of limitations for negligence claims. The six‑month period is a special rule in the workers’ compensation statute; the underlying tort claim must still be timely. A careful workplace injury lawyer will track both deadlines to preserve your rights.

Coordinating Workers’ Comp and Third‑Party Claims

You do not need to choose one or the other. You may file for workers’ compensation and simultaneously pursue a third‑party lawsuit—provided you do so timely. D.C. law permits this “election of remedies” rather than forcing an exclusive choice. 

However, there are interactions to consider:

• Subrogation / Lien – The employer or insurer has subrogation rights. If you recover from the third party, they may claim reimbursement for what they paid in benefits. D.C. Code § 32‑1535(f) and (h) outline how costs and attorneys’ fees are shared proportionally.
• Consent for compromise – If you settle a third-party claim for less than your full compensation entitlement, the settlement must be approved in writing by the employer/insurer. Otherwise, the employer may disclaim further liability.
• Allocation of fees and costs – When you bring the third-party action, litigation costs and attorneys’ fees are shared with the employer/insurer proportionally based on respective recoveries. 

A seasoned workplace injury attorney ensures claims are coordinated so your recovery is maximized without forfeiting compensation.

Top Columbia Workers Compensation Lawyers in Washington, D.C. for Third-Party Claims

If you or someone you know was injured on the job and suspects third‑party fault, you need clear guidance to determine whether you can sue beyond workers’ comp under D.C. law. A Columbia workers comp lawyer at Robinson & Geraldo, PC can review your case, confirm whether all timing and legal conditions are met, and help you proceed. Don’t delay—key deadlines may already be running. Call 202.544.2888 today.