Hurt by a Subcontractor or Third Party?
Our Austin Workers Compensation Lawyer Can Help You File a Third Party Lawsuit
If you have been hurt on the job, then your employer or a coworker may have told you that workers compensation is your only available means of recovery. However, the workers compensation system is difficult to navigate and may not provide you with the full recovery you need. In many cases, employers dispute these kinds of claims or the extent of the injuries involved. Additionally, even if you get full workers comp benefits, this may not cover the full cost of your injury. The law limits the amount you may collect through a work injury claim. Still, depending on the facts, you may be able to pursue a larger recovery outside of the workers compensation system. If a third party (not your employer) contributed to your work injury, then you may be able to file a civil claim against that party.
A third party claim is a type of personal injury lawsuit brought against a party other than your employer. Whereas workers compensation provides benefits for lost wages and medical expenses, a third party lawsuit may result in recovery for pain, suffering, property damage and other damages that are not available in a workers comp case.
Our Austin workers compensation law firm has been helping injured workers for over 30 years. As one of only four firms in central Texas that accepts straight workers comp claims, we can explain all your legal options after a work injury. This may include traditional workers compensation to third party claims. Founded in 1978, the founder’s son now carries on the tradition of success in personal injury and workers compensation matters.
What Kinds of Accidents May Be Grounds for a Third Party Claim?
Third party claims may arise in a variety of work accidents that may happen in virtually any workplace. Our Austin workers compensation lawyers handle cases involving:
- Scaffolding and ladder accidents
Unfortunately, scaffolding and ladder accidents affect more than just construction workers. Roofers, painters, window washers and maintenance workers may also sustain injuries in scaffolding falls. Ladder defects, lack of proper warning labels, damaged ladder or scaffolding equipment, overloading, defects and inadequate safety training are all common causes of accidents that may be grounds for a third party claim.
- Truck accidents
If another driver or company contributed to your injuries from a truck accident, then you may be able to bring a third party lawsuit against that driver or company. Other third parties which may be liable for a truck driver’s injuries include auto repair shops, shippers and cargo loaders.
- Crane, forklift, and other heavy machinery accidents
Machine accidents can happen for a variety of reasons. If a part of your equipment was faulty and led to an error while you were operating it, then you may be able to make a claim against the manufacturer.
- Loading/unloading accidents
All companies involved in loading and unloading must comply with regulations to prevent falls, provide proper lift training to reduce sprains, safeguard cargo so loads do not shift, provide protection against loud noises, prevent pallet tip-overs and protect against exposure to hazardous materials. Negligence in any of these areas may result in a third party lawsuit.
- Construction site falls
When a job site fails to meet stringent safety regulations, accidents are more likely to occur. Dangerous stairs, faulty hand rails and inadequate lighting are common causes of accidents resulting in a third party claim.
When Can I File a Third Party Lawsuit for a Work Accident?
In most industries, everyone involved in an accident is usually working for the same employer. For these situations a workers compensation claim with your employer is the only option. However, sometimes accidents involve individuals from outside the job. Common third parties that who may be liable for your work injury include:
- Owners of the premises of a job site. For example, property owners may be liable for unsafe cabling or extreme environmental hazards due to negligent property management.
- Repair professionals. Faulty parts or negligent repair that contributes to a driver’s accident may be cause for third party lawsuit.
- Another motorist. For example, if a drunk driver hits a delivery driver, then the driver may be able to file a car accident claim in addition to workers comp.
- Negligent employee from another company. If an employee from another company caused an accident in your workspace, then you may be able to bring a third party claim against that employee and his/her employer.
Austin workers comp lawyer Aaron Allison handles both personal injury and workers compensation cases. This means we are in a unique position to identify alternative means of recovery that may benefit you. If a hazardous product such as a dangerous power tool or defective vehicle harms you, then we can also pursue compensation through a product liability claim.
Questions About a Third Party Lawsuit? Call Our Austin Attorney Now
Our workers compensation attorney can assist you in navigating the complex process of third party claims so you can move on with your life. All injured workers have rights under the law; our attorneys are dedicated to ensuring that your employer respects these rights. Our law firm serves clients throughout Texas, including from Austin, Dallas, Houston, San Antonio.
We handle all workers compensation cases on a contingency fee basis. This means you pay no fees to us unless we recover compensation for you. For a free consultation, call our office at (512) 474-8346 or contact our Austin personal injury attorney online.