Unfortunately, on the job injuries are an all too common occurrence. The Texas Division of Workers’ Compensation has reported that work injuries have been on the rise over the last few years. Further, Texas has a work injury rate that is substantially above the national average. Worker safety is a real problem in the state. On top of that, workers face a challenge in recovery fair compensation for their injuries. Determining liability and going through the legal process can be complex. Potential third party liability for work injuries is just one potential complicating factor. If you have been injured by a third party at work, or have any questions about Texas work injuries in general, please contact an experienced San Antonio work injury attorney.
What is a Third Party Work Injury?
A third party work injury is an injury that was caused by someone other than your employer or one of your co-workers. This can also include injuries caused by defective pieces of equipment that could lead to a products liability claim. If your work injury was caused by a third party, then you may need to file a personal injury lawsuit against that party. One of the most common situations that can lead to a third party injury claim is working on a construction site. Modern construction sites are multifaceted and often involve many different contractors and subcontractors working side by side. If someone from another company causes your injury, you have the right to collect compensation from their employer or their employer’s insurance company.
Workers’ Compensation and Third Party Injury Claims
If your employer carries Texas workers’ compensation insurance, you can still collect your workers’ comp benefits even if your work injury was caused by a third party. However, you should be aware that you will mostly likely be required to reimburse the insurance company that paid your workers’ comp benefits in the event that you win your third party work injury lawsuit. In Texas insurance law, this is called ‘subrogation’. Essentially it is a process which the insurance company uses to collect reimbursement from the responsible party.
Work Injuries Get Complicated
Dealing with third party liability can be a tricky part of Texas work injury law. With many different parties, insurance companies and regulations involved work injuries can get messy. Ultimately, the most important thing is that all Texas workers have their health, safety and legal rights are protected. Anyone injured on the job deserves full and fair compensation. A qualified attorney with direct experience handling workplace injuries, third party work injuries and Texas workers’ compensation can make sure that happens.
Contact An Experienced Texas Work Injury Lawyer
If you have been injured by a third party while at work, you need the professional assistance of an attorney who has deep experience working with the statutes and case law governing third party work injury claims. At the Law Offices of Ronald A. Ramos we have decades of experience fighting for the rights of injured Texas worker. Please do not hesitate to contact our office today to set up a free case evaluation.