If suffer an injury while on the job in Texas, whether you work in construction or inside an office, you generally qualify for workers’ compensation benefits, which are designed to cover medical expenses, some of your lost wages, and help you return to work or even provide lifetime income benefits if a workplace accident results in total disability.
However, workers’ comp benefits have certain limits, such as only paying for a portion of your lost income and not being eligible to receive compensation for noneconomic damages, such as pain and suffering. The reason why is because you can qualify for the benefits without having to prove your employer was responsible for your injury.
But in some cases, a “third party” may be responsible for causing a workplace injury. A third party is a person or company who is not managed by or otherwise connected with the injured party’s employer.
Common examples of workplace accidents caused by third parties include:
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Construction accidents – Different people from multiple companies often work on construction sites. For example, if a construction worker is injured by a subcontractor, he/she may file a claim against the general contractor for failing to maintain a safe job site.
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Defective equipment – If a defective or malfunctioning device or tool caused an injury, the injured worker could file a claim against the product manufacturer.
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Car accidents – If an employee is driving a company vehicle or performing a job-related task when he/she is injured in a car accident, the injured worker may file a personal injury lawsuit against the at-fault driver.
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Premises liability – If an employee suffers an injury while on another person’s property, he/she may file a premises liability claim and hold the property owner liable for failing to keep the premises safe for guests and visitors.
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Toxic chemical exposure – If an employee suffers an injury or becomes ill after being exposed to a toxic chemical or other dangerous substance, he/she may file a claim against the chemical manufacturer.
It is possible to obtain both workers’ compensation benefits and financial compensation from a third-party claim. You must hire an experienced personal injury attorney to determine if you qualify for both types of claims.
If you were injured in a construction accident in Dallas or Houston, call Mathias Raphael PLLC Accident & Injury Lawyers at (214) 739-0100 or fill out our online contact form today to learn how our firm can help you. Schedule a free consultation!