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Mercedes TX Construction Accident Attorneys - Third Party Negligence in Work Accidents

CALL TOLL FREE: 1-800-862-1260

Work accidents on Mercedes, TX construction sites can involve several entities, and the court recognizes that third parties may be liable for injuries. This complicates the workers’ compensation claims process for the victim because a third-party claim may provide the opportunity for more compensation, which is why it is best to hire a lawyer to ensure maximum compensation.

A work injury attorney in Mercedes TX at Carabin Shaw can help you to file a workers’ compensation claim and a third-party liability claim. This way, you’ll receive adequate compensation for ALL your injuries. Read our client reviews and discover how we’ve helped others with their financial recovery after an accident.

Difference Between Workers’ Compensation and Third-Party Work Accident Claim

Most construction accidents involve workers’ compensation insurance unless the employer does not subscribe or has a separate at-fault party. Workers’ compensation insurance benefits injured employees but only covers loss of income and medical expenses. Victims may also have to deal with personal investigations and limited medical care options. Many people are disappointed with workers’ compensation outcomes because they don’t cover all losses and prevent the employee from filing a work injury lawsuit in Mercedes Texas.

On the other hand, a third-party work accident claim is outside of the workers’ compensation insurance system. Therefore, injured victims can hire an attorney and sue for all economic losses and noneconomic losses, such as pain and suffering. This sometimes allows victims to receive adequate compensation for their injuries after a construction accident.

When Is It Possible to File a Third-Party Claim in Texas?

To file a third-party claim in civil court, you and your Mercedes TX work injury lawyer must be able to prove that the third party was negligent in some way and this negligence caused your injuries. Examples of third-party negligence include:

  • A subcontractor fails to de-energize a work site, resulting in the electrocution injury of one worker.
  • The roof of a structure collapses and injures workers because of an engineer’s erroneous load calculations.
  • A worker is injured because of defective brakes on a work truck.
  • Workers are exposed to toxic substances in drywall during construction.

All these examples have one thing in common: Someone other than the employer is at fault. This makes them third parties, and these parties don’t have the legal protection offered by workers’ compensation.

Collecting Compensation from Workers’ Compensation and a Third Party

A worker may need to file a workers’ compensation claim and a third-party liability claim to get medical care covered promptly but still seek monetary and non-monetary damages. In Texas, you can file both claims at the same time. However, you must reimburse workers’ compensation insurance for the benefits they provide.

You and your lawyer can use evidence gathered for your injury claim for both your workers’ compensation claim and your third-party personal injury claim. Your legal team will separate the cases for you, so you don’t have to worry about receiving dual compensation or reimbursement to workers’ compensation insurance. Your final financial award will be yours to keep, so you can move on without worrying about owing any money.

Is a Third-Party Claim Worthwhile in Mercedes, TX? Call 800-862-1260 Carabin Shaw Now to Speak with an Expert for Free

Some work accidents only warrant a workers’ compensation claim even when there is a third party to hold liable. That is because the difference between the two monetary outcomes does not warrant the time and financial investment involved in the two cases. Your Mercedes TX construction accident lawyer will help you to unweave the details of your case and help you make the best decision for your unique situation.

At Carabin Shaw, our team wants you to receive the best compensation possible after your work accident. We offer our services on a contingency-fee-basis, so you don’t have to worry about lawyer’s fees. Call our toll-free number today at 800-862-1260 to schedule a free consultation. Someone is available to speak with you 24/7, and we have English- AND Spanish-speaking staff.

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Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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