Texas Injury Lawyers Blog
When someone is involved in a serious Texas workplace accident, they may have several options when it comes to seeking compensation for their injuries. In general, a Texas employee who is injured on the job can pursue a Texas workers’ compensation claim. Under the Texas workers’ compensation program, an injured employee can pursue a claim for workers’ compensation regardless of fault. However, the major problem with workers’ compensation claims is that the type and amount of damages available are limited.
Generally speaking, if an employer has obtained workers’ compensation insurance, then a workers’ compensation claim is an injured employee’s only recourse against an employer. However, unlike most states, Texas does not require employers to obtain workers’ compensation insurance. If an employer is a “non-subscriber” to the workers’ compensation program, a plaintiff can pursue a traditional negligence action against the employee. In these situations, an employee’s damages will not be limited as they would in a workers’ compensation case.
As mentioned above, Texas workers’ compensation cases can proceed absent a finding of fault against an employer (even if the employee was partly responsible for their own injuries). However, some workplace accidents are the result of another party’s negligent conduct. In these situations, an injured employee may be able to pursue a Texas third-party liability claim against the negligent party.
Importantly, a Texas third-party liability claim can be brought in addition to a workers’ compensation claim. An example of a situation where a plaintiff could pursue a workers’ compensation claim as well as a third-party liability would be a delivery driver who was struck by a drunk driver. In this situation, the injured employee may pursue a workers’ compensation claim against his employer and a third-party liability claim against the alleged drunk driver.
Another common example would be an employee who was injured when a defective office chair gave out as the employee sat down. In this situation, the plaintiff may be able to pursue a strict products liability claim against the manufacturer of the chair, as well as pursue a workers’’ compensation claim.
Unlike workers’ compensation claims, third-party liability claims require an injured employee prove that the third party was negligent. This requires the plaintiff show that the third-party defendant violated a duty of care that was owed to the plaintiff, and that this violation was the cause of the plaintiff’s injuries.
Have You Been Injured While on the Job?
If you or a loved one has recently been injured in a Texas workplace accident, contact the dedicated San Antonio personal injury attorneys at Carabin Shaw. At Carabin Shaw, we represent injury victims in all types of claims, including Texas workers’ compensation claims and third-party liability claims. For the past 25 years, Carabin Shaw attorneys have been aggressively representing injury victims in pursuit of full and fair compensation for the injuries they have sustained. To learn more about how we can help you with your situation, call 800-862-1260 to schedule your free consultation today.
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The Legal Doctrine of Negligent Entrustment in Texas Car Accident Cases, Texas Injury Lawyers Blog, December 11, 2018