Identifying Third-Party Liability in Your Stafford TX Work Injury Case
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When you are injured at work in Stafford, TX, the traditional compensation method is through the workers’ compensation process. However, there may be an outside party who is responsible for damages, and a lawyer can help you to hold this third party liable for your injuries.
At Carabin Shaw, our team knows the laws surrounding workers’ compensation and third-party lawsuits, and we can help to ensure you get the compensation you deserve. Call our toll-free number at 800-862-1260 to schedule a free case review. We have English- AND Spanish-speaking staff, and someone is available to speak with you 24/7.
What is a Third Party in a Work Accident Claim?In a work injury case, a third party is a person or legal entity who is not the employer. Third parties do not have the legal protection from lawsuits that employers have through workers’ compensation. You can sue them for economic and noneconomic damages in civil court.
Possible liable parties in a third-party liability work injury lawsuit include:
- Product or equipment manufacturers
- Visitors to the job site
- Architects or engineers
- Vendors
- Co-workers
Third parties must have engaged in negligence to be liable for your work injuries. Similarly, your lawyer can only file a lawsuit against an employer who does not subscribe to workers’ compensation insurance if they engage in negligent activities. Negligence means that the at-fault party failed to engage in reasonable actions that would have prevented your injuries.
Workers’ compensation policies operate through no-fault or strict liability. The insurance policy delivers benefits even when the court could hold another party accountable. This ensures financial benefits for injured workers but limits compensation to medical and income benefits.
Justifying a Third-Party LawsuitEssentially, you don’t have to hire a Stafford TX work injury lawyer and sue a third party to get some compensation for your damages in a work injury if your employer subscribes to workers’ compensation insurance. However, you may file both a workers’ compensation claim AND a third-party personal injury claim. This doesn’t provide duplicate compensation, as you must reimburse workers’ compensation insurance, but it does expand the opportunities for fair compensation.
The biggest difference in compensation from a third-party lawsuit, as opposed to a workers’ compensation case, is the compensable damages. In a personal injury case, Texas work accident laws allow you to sue for the following damages:
- Medical bills
- Loss of income
- Property damages
- Travel costs
- Mental anguish
- Physical pain and suffering
- Loss of societal relationships
- Disfigurement
- Disability
- Inconvenience
It is primarily the noneconomic damages that justify the decision for a third-party lawsuit. However, injured parties may also benefit from more freedom in their medical care choices and not having to use the workers’ compensation system. Your work injury attorney in Stafford TX at Carabin Shaw will help you calculate your damages and decide to file a personal injury claim or limit yourself to workers’ compensation benefits.
Making Sure You Get Full Compensation for Your Work InjuryThe thought of having to find a Stafford TX construction accident lawyer and file a personal injury lawsuit in addition to a workers’ compensation claim can overwhelm clients, most of whom only want to get back to work after their injury successfully. However, work injuries can have long-term effects, and you deserve an attorney who will fight for the most compensation possible for your injuries. This sometimes means holding third parties accountable for their role in a work site accident.
Call Carabin Shaw Today for a Free Consultation | Our Experienced Attorneys Will Fight for the Compensation You DeserveAt Carabin Shaw, we understand the hesitation and anxiety that you may have about the legal process. That’s why we dedicate ourselves to the clear and compassionate communication of your legal options so you can make the decisions that fit your best interests. Read our client reviews to find out how we deliver our legal services. Then call today to find out more about your options. We offer our services on a contingency-fee-basis.
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