Third Party Claims in Texas
A worker injured on the job in the state of Texas is generally limited in claims against their employer to the workers compensation benefits that may be available when the employer carries Worker’s Compensation insurance. However, not all injuries are simply caused by the actions or inactions of the employer or coworkers employed by the same employer.
Third-party claims refer to a situation where persons or companies other than the employer who carried workers comp caused an accident and injury. (and co-employees). An example would be an injury caused by a machine that was designed in a dangerous manner. Another example would be on a construction site where numerous different companies were all engaged in a project and an employee from a different employer caused the accident that resulted in injury.
Control An Important Issue In Construction Accidents
Often, responsibility for jobsite can turn on the right to control the jobsite or the actual control of the work in progress. All construction sites are subject to various safety standards such as those of OSHA and violations of the same can be important and powerful evidence in a third-party claim.
Our law firm is based in Houston, Texas and we also maintain a satellite office in Austin, Texas to better serve our clients. We represent injured workers and their families for such accidents as, Crane accidents or field accidents trench cave-ins inadequate fall protection and other serious construction injury claims.
It is important to understand that a worker injured on the job can file a workers compensation claim against the employer’s workers compensation coverage and still maintain a “third party claim” to obtain damages from another negligent entity such as a contractor, subcontractor or other trade. Third-party claim is one made against the negligent person or entity responsible for causing the accident and injuries.
Evaluating a potential third party claim early is critically important to help ensure success of the claim. Workers injured on the job believe that a third-party claim may be possible should seek the assistance of a Houston accident attorney as soon as possible.
Call us for a free case review at 281-587-1111.
While workers compensation is limited in the amount of actual human damages the injured worker can receive under workers compensation system, there are no such limits on actual damages and third-party claims. Workers injured on the job can recover from workers compensation and also seek third-party compensation when appropriate.
If an employee receives workers compensation and also recovers from a third-party claim, the workers compensation insurance carrier will seek to recover “subrogation” for the amount that the worker netted in the third party claim. Personal injury attorneys who handle third-party claims generally handle the subrogation issues on the part of their clients.
If you are injured because of another person or company was negligent on a jobsite called Baumgartner Law Firm for a no obligation consultation and free case evaluation to determine if you have a viable third party claim. Note we charge no fee unless we recover money for you and require no money upfront.