When an accident happens in the workplace, and you are unable to work during recovery, workers’ compensation is available to cover medical bills and a portion of your lost wages. But, sometimes it’s also necessary to file an industrial accident third-party injury claim because there are other financial losses that aren’t covered by workers’ compensation, such as pain and suffering and the other financial implications of a serious injury.
A third-party claim is separate from the claim filed with your employer. This lawsuit can be filed against another liable party, such as an equipment manufacturer, subcontractor, property owner, or chemical supplier. If there is another party who was negligent and contributed to your accident, then it’s time to talk to a personal injury attorney for more information about your legal options.
Additionally, there are times when it makes sense to pursue a direct claim because employers in the state of Texas can choose to legally opt out of workers’ compensation entirely. So, if your employer doesn’t have workers’ compensation insurance, then a Texas workplace third-party liability claim might be your only option to receive compensation.
Keep in mind that a workers’ comp claim and a third-party workplace injury lawsuit in Texas are not mutually exclusive. Depending on the situation, you might decide to pursue both. The best solution is to contact an experienced attorney for recommendations about the best way to receive the compensation that you deserve.
Who Can Be Held Liable in a Texas Workplace Third-Party Liability Claim?
Each situation is unique, which is why you need expert legal assistance to determine the ideal way to move forward with your liability claim. Our legal team will complete a thorough investigation to determine liability for your case. Potential claims might be filed against one or more of the following:
- Equipment Manufacturers: If the injury was the result of defective tools, machinery, or safety equipment, then you might have a strong case that proves the manufacturer’s responsibility and carelessness.
- Subcontractors and General Contractors: When someone is injured by a worker from another company, the employing contractor might be held liable for the inadequate site safety supervision.
- Property Owners: The owners of properties and industrial facilities have a legal duty to provide safe working conditions. If these conditions don’t meet reasonable safety standards and an injury occurs, then it could result in an industrial accident third-party injury claim.
- Material Suppliers: A failure to warn about the hazards of the materials being used could be a liability. These types of claims are most common when employees are using hazardous chemicals that are improperly labeled.
- Temporary Staffing Agencies: If the agency places a temp worker in a dangerous environment without necessary safety training, then the staffing agency might share liability for the injuries that occur after a workplace accident.
The Subrogation Issue Every Worker Must Understand
There is one important thing that you need to understand about a workers’ compensation and third-party claim in Texas: if you receive workers’ comp benefits and then receive a third-party settlement later on, then Texas law allows the workers’ comp carrier to use a subrogation lien. This process makes it possible for the workers’ comp provider to receive money from your proceeds in order to recover what was paid.
So, it’s important to consult with an experienced industrial accident attorney every step of the way so that you don’t miss out on thousands of dollars in your settlement. A good attorney will negotiate your lien reduction, which can have a positive impact on the amount of money that goes into your pocket.
The unfortunate reality is that when an injured worker tries to navigate this process without legal representation, they often lose a lot more money to subrogation liens. The cost of hiring an attorney is worth the expense because you can maximize your settlement benefits.
How to Prove a Third-Party Work Injury Case in Texas
When you are going to sue a third party for a work injury, there are several factors that need to be in place to prove liability. Here’s the most effective approach for building a third-party workplace injury lawsuit in Texas:
- Duty: First, it’s necessary to show that the third party had a legal obligation to maintain safe conditions or deliver safe equipment.
- Breach: Once the duty is proven, the claim needs to show how the third party failed to meet that standard. This breach might be due to action, inaction, or a defective product.
- Causation: The breach needs to be connected to your injury directly. It’s common to use expert testimony to show the causation.
- Damages: In order to maximize your settlement, you need to provide documentation for all of the financial and personal damages that have been (and will continue to be) incurred. Examples of this documentation include medical records, wage statements, and testimony from your doctors.
Other Evidence That Wins Workplace Injury Claims
Our legal team will also look for other forms of evidence that can help to prove liability in your workplace claims. It’s important to act quickly, because the evidence tends to disappear quickly as the company is trying to protect itself.
Examples of other types of evidence might include:
- Photos
- Equipment samples
- Witness contact info
- OSHA logs
- Prior citations
- Inspection reports
- Subcontractor agreements
- Equipment maintenance records
- Medical records
FAQs
Can I file a third-party claim and collect workers’ compensation at the same time in Texas?
Yes, both workers’ compensation and third-party claim filings are separate processes, so you might choose to pursue both. This is usually the best option to maximize your settlement.
How long do I have to file a third-party claim after a Texas industrial accident?
In the state of Texas, the statute of limitations is two years from the date of the injury. The best solution is to move forward with the claim as quickly as possible in order to preserve the evidence.
Does my immigration status affect my right to file a third-party injury claim in Texas?
No, immigration status can’t be used to deny an injury claim in the state of Texas. Talk to an industrial accident attorney for more information.
Our Skilled Industrial Accident Attorney is Here to Help
If you need assistance with your industrial accident third-party injury claim, then our team is just a phone call away. Contact us at Green Law Firm to schedule your free consultation and learn more about your legal rights: (956) 542-7000.
