Third-Party Liability in Wichita Falls TX Work Injuries: When Someone Else is to Blame

Wichita Falls, Texas, has a booming aerospace and aviation manufacturing industry. With many residents employed in these hazardous industries, it’s no wonder the city also sees a fair share of workplace injuries. In 2022, more than two of every 100 Texas employees were injured in manufacturing accidents. Some of those victims suffered injuries that kept them from working and impacted their quality of life.

The Wichita Falls attorneys at Carabin Shaw help victims of workplace accidents collect compensation for medical bills, lost wages, and other losses. We understand how difficult it can be to deal with the aftermath of a worksite accident. We manage the legal aspects of your case so your focus can be on recovering from your injuries. Contact our team 24/7 at 800-862-1260.

Workers’ compensation is insurance carried by Wichita Falls employers to cover costs like medical bills and lost wages when an employee is injured on the job. Texas is the only state in the US that does not require private companies to carry workers’ compensation. Although most do, some companies do not participate in the workers’ comp program. Known as non-subscribers, these companies can be liable for employee injuries on the worksite.

Your employer must notify you if they do not carry workers’ comp. There should be a written notice at the workplace where you can easily see it regularly. They also need to provide written notice of non-coverage to new employees.

If an employer carries workers’ compensation, the insurance carrier will pay for an injured employee’s lost wages and medical bills regardless of fault. Under Texas law, an employee cannot seek additional damages from their employer, even if the employer was at fault. Employees not covered by workers’ compensation can enlist an attorney to pursue damages directly from their employer.

The Occupational Safety and Health Administration (OSHA) requires all Texas employers to provide a safe workplace for employees, regardless of workers’ comp insurance status. OSHA’s standards include a workplace free from serious hazards, proper training, and safe tools and equipment. If an employer without workers’ comp is negligent in adhering to these standards, they can be liable for an employee’s injuries. A work accident attorney in Wichita Falls Texas will determine what damages your employer might be responsible for.

Your employer isn’t the only party that can be held liable for your work injuries. Third parties outside your employer may have contributed to a workplace accident. For example, if equipment malfunctions and causes your injury, the manufacturer of the device may be liable for all or a portion of your losses.

Texas follows the comparative negligence principle, which calculates damages based on each party’s degree of negligence. If the court assigns 50% of the fault to your employer and 50% to a third party, each is responsible for paying half your compensation. You can seek damages from a third party even if you collect through workers’ compensation.

While workers’ comp is limited to medical bills and a percentage of your lost wages, Texas work injury compensation from a third party or your non-subscribing employer can cover additional damages, including:

• Lost wages, past and future
• Future earning potential
• Medical bills, past and future
• Pain and suffering
• Mental anguish
• Loss of quality of life

Your lawyer can determine which damages you are eligible to receive and the appropriate amounts for each.

If a workplace accident has left you injured and unable to work, don’t suffer alone. The compassionate team at Carabin Shaw is ready to help you. We offer our services on a contingency-fee basis, so you don’t pay until we settle your case. We have English- and Spanish-speaking representatives available, and reviews from previous clients demonstrate our commitment to accident victims like you. Contact us today at 800-862-1260 for your free consultation.

For more information:

• TDI Texas
• TDI Texas
• Cornell Law
• Cornell Law