Houston Work Injury Lawyer

One of the first questions a person hurt on the job needs to answer is, was the injury caused by a third party?

When someone is hurt at work or on the job, they can file workers’ compensation claims and collect benefits for the injury. Workers’ comp is paid without regard to fault. The key issues are: a) did the employer have Workers’ Comp? And b) Did a third party contribute to causing the damages?

Third-Party responsibility is when a person not employed by your employer caused the accident. Third parties do not include your company’s employees like supervisors or co-workers.  Third-Party claims are situations where another company or its employees caused an accident where you were hurt. Third parties also can be equipment makers or maintenance companies when defective equipment case an accident.

A third-party claim allows the injured workers to pursue compensation Outside of workers compensation benefits.

Examples of Third Party Liability Claims

Third-Party cases can be situations like you are on the job and driving a company car and get in an accident. You are struck in the rear while stopped at a stop sign. In this case, you may be able to claim workers’ comp benefits and also make a claim against the driver who hit you from the rear.  Unfortunately, the workers’ comp benefits do not include things like “pain and suffering.” But third-party claims include human damages like pain, suffering, and mental anguish. Therefore, damages for cases against third parties are not limited in scope like workers’ comp benefits.

If you make both a workers comp claim and a third party claim, you will need to pay back the money workers comp paid out as long as you collect from a  third party. This is called subrogation, and in Texas, payback for comp is by required by law. Attorneys usually seek to reduce the amount needed to reimburse the comp carrier and get the victim credit for employing the attorney.

If a 3rd party causes your injuries, you can still collect your workers’ comp benefits and recover compensation from the other party. This is also applicable when your injuries are caused by defective workplace equipment.

An example of a 3rd party case is when you’re working on a construction site and are injured due to the negligent actions of another contractor. In this case, you can still file an Initial Report of Injury for your worker’s comp and possibly sue the responsible contractor.

Many accidents involve third parties (persons or entities other than the employer), who can be held accountable for their negligent acts or their failure to take necessary actions they were obligated to do. If you have been injured on the job and your employer carries workers’ compensation, you may still be able to bring a lawsuit against a third party if they were negligent in causing your injuries. Our Houston personal injury law firm has been winning huge cases against third parties for over thirty-five years. Check out our recent results page for some of our- multi-million dollar wins!

At the Baumgartner Law Firm, our personal injury attorneys have vast experience in representing workers injured on the job and families of those killed while furthering their employers’ interests.

Some of the cases that we have been extremely successful in financial recoveries include:

* construction site accidents, including falls, trench cave-ins, and heavy equipment injury
* commercial vehicle crashes
* electrocution
* explosions and fires

Early investigation is often extremely helpful in determining who may be responsible and what justice may be obtained for an injured worker. Hiring an experienced attorney early after the accident can pay big dividends and how a case may play out.

While OSHA generally investigates very serious injuries and wrongful death, having an independent investigation by your representatives is important to obtaining full justice for the injury or loss of a loved one in a wrongful death case.