Third-Party Liability in Texas Workplace Accidents
Workplace injuries can take a major toll on your finances. They keep you from being able to work until you’re recovered and, in some cases, require costly medical treatments that can eat into your savings. Filing a workers’ compensation claim through your employer can help you get the money you need to focus on your recovery. But what happens when your employer isn’t responsible for your workplace injury?
In these cases, you may be able to file a claim against the other party citing third-party liability for your injuries with help from a Texas workplace injury attorney. Here’s what you need to understand about third-party liability in workplace accidents.
What Is a Third-Party Claim?
A third-party claim in a work-related injury is one where a worker sues a third party (not their employer) for their injuries. These claims can arise when workplace injuries result from the actions of another company. This may involve faulty equipment provided by the other company, workplace interference or horseplay conducted by the other company’s employees, or other similar scenarios.
These claims are not alleging that your employer is responsible for the injury. Instead, they claim that the third party is responsible. And they’re the only ones you’ll be suing.
How Third-Party Liability Differs From Workers’ Compensation
When you file workers’ compensation claims, you’re stating that the injury resulted in the course of your work while you’re on the job. Typically, your employer will submit your claim to their workers’ compensation insurance provider who will then issue you a settlement if your claim is successful. Once you file that claim, you waive your right to sue your employer for liability.
Third-party claims are separate from your workers’ compensation claim and don’t aim to hold your employer accountable for their actions. Instead, they hold another party accountable. Unfortunately, workers’ compensation doesn’t apply to these third parties, so it’s up to you to take the necessary steps if you want to hold the other company accountable for your injuries.
To submit a third-party claim, you’ll need to work with a Texas workplace injury attorney. They’ll guide you through the process and can work with you and your employer to compile the necessary evidence to prove that the third party was responsible for the accident.
The Burden of Proof Falls to the Worker
If you choose to pursue a third-party claim, you’ll need to be able to show that the other party was responsible for the workplace accident. It’s up to you and your attorney to be able to show that the other company’s actions caused your injury. This means you’ll need to provide your attorney with as much information as possible. You may be asked to provide the following:
A written description of the accident and the circumstances leading to the accident
Witness statements from workers who witnessed the accident
Copies of medical bills
Again, every case is unique. Your attorney will help you figure out what information you’ll need to strengthen your case.
When Is Filing a Third-Party Claim a Good Idea?
Filing a third-party liability claim can be a good idea if you’re certain that your injuries resulted from the actions of another company other than your employer. This is why it’s a good idea to speak with a Texas workplace injury attorney as soon as possible following your accident. They’ll review your case and help you decide if filing a third-party claim is in your best interest or if you’re only eligible for workers’ compensation through your employer.
Let The Law Office of Sandy McCorquodale, P.C., Help
If you’ve been injured on the job and believe that another company may be responsible for the accident, don’t wait. Contact us to schedule a free consultation. Our experienced Texas workplace injury attorneys will go over the details of your case and help you fully understand your options.