If you get hurt at work, you are entitled to workers’ compensation benefits — regardless of who was at fault for your injury. However, in cases of workplace injuries in which a third party may have played a role in the event that led to your injury, you may have an additional option open to you.
That option is known in Texas as a third-party workplace lawsuit.
Defining a Third Party
A third party is a person or entity that is neither your employer nor a fellow employee. Some examples of third parties include:
- A property owner who allowed hazards that led to your injury to exist on their property without taking proper corrective action.
- A product manufacturer who released a defective or dangerous product that led to your injury.
- A driver who does not work for your company but who causes your injury when you are involved in an accident with them.
Any of these third parties may be held liable if you can demonstrate that their action or inaction was at least partially responsible for your worplace injuries.
How This Differs From Workers’ Comp
Workers’ compensation laws prevent employees who are hurt on the job from directly suing their employer. Workers’ comp offers some compensation, of course, but it may not cover all of your costs related to the injury. Also, you are not allowed under workers’ compensation law to collect compensation for ongoing physical pain or emotional suffering.
In contrast, Texas law places no limits on recoverable damages in a third-party workplace lawsuit. That means if you can prove that the third party bears some or all of the responsibility for your injuries, you are able to recover damages to cover a number of things including:
- Lost wages — including future lost wages
- Medical costs — including future medical costs
- Physical pain and/or emotional suffering
Proving fault can be difficult, which is why it is essential that you have a lawyer by your side to represent your interests.
Schedule a Free Consultation With Our Texas Workplace Injury Attorneys
If you were hurt at work and believe a third party may be at least partially responsible, the personal injury lawyers at SJ Injury can help you explore your options. The initial consultation is free — and we represent clients on a contingency basis, which means you won’t pay unless we win. We have been proudly servicing clients throughout Pasadena, Houston, and surrounding areas.
Contact our office online to start a free case review or give us a call at (713) 341-0220 to discuss your options today!