Hildebrand & Wilson, LLP
Does Your Work Injury Involve A Third Party Liability Claim?
If you have been injured on the job, there are a number of paths you can take when seeking compensation for your injuries.
Most employers carry Workers Compensation Coverage to provide no-fault coverage to their employees you are injured while working.
So the normal first step would be to file a workers’ compensation claim.
Depending on the nature and circumstances of your injury, another alternative to consider is filing a third party liability claim.
If a work injury was not actually the fault of your employer, third party liability claims lawyers can help you determine if you should pursue a compensation claim from a third party that was actually responsible for your injuries.
What Is Third Party Liability?
Third party liability is when an outside party was responsible for a work-related injury.
In most cases, this would involve a responsible party other than you, your co-workers, or your employer.
The third party could be anyone from the person driving a vehicle that collided with yours while you were working, the owner of property where you are doing work, defective products or machinery, an outside contractor, or some other party outside of your employment organization.
Every year, more than 4.5 million people1 are injured while at work.
Even when a workplace accident seems straightforward, law firms that handle third party liability claims find many times that negligence by a third party was the root cause of your injury.
Why Pursue A Third Party Liability Claim?
There are a few reasons why working with third party liability claims lawyers to pursue a personal injury claim is recommended if your accident is not directly caused by your employer or co-workers:
- Limitations to Workers Compensation Benefits - Even if you file for workers compensation through your employer and begin receiving benefits, those benefits are limited in certain ways. You will only receive a portion of your lost pay, cannot claim pain and suffering, be restricted as to where you can receive medical care, and other restrictions as well.
- No Workers Compensation Insurance - The state of Texas is the only state that does not require employers to carry workers compensation insurance. When employees are injured on the job and their employer does not offer workers comp, the only recourse may be to file a liability suit against their employer. Third party liability claims lawyers find that in cases where fault lies with a third party, filing against that company can be more beneficial to the injured party in the long run.
- Broader Degree of Compensation - Third party liability claims have fewer restrictions than workers compensation and can provide broader compensation coverage. In addition to compensation for medical care, third party claims may also award full compensation for missed wages including bonuses; pain and suffering; loss of enjoyment of life; property damage; and greater freedom on where to get medical care.
Ultimately, the person or entity responsible for your workplace injury is the one who should be responsible for your compensation.
Third party liability claim lawyers can attest that liability does not automatically rest with your employer.
The best thing anyone who has been injured on the job can do is contact law firms that handle third party liability claims as quickly as possible to discuss the event and whether there might be a third party at fault.
You can still file for workers compensation if it’s available for your claim.
In either case, putting the responsibility where it is due will benefit you the most.
In addition, if there is a third party responsible, it will benefit your employer as well.