Workers are injured all the time in Austin. Fortunately, the state’s workers’ compensation system makes it relatively easy to get the medical care you need, at no expense to you. If you are injured and cannot work, you may qualify for income benefits.
However, workers’ compensation is not the only money you might receive for your injuries. Many workers are injured because someone was negligent, reckless, or careless, and these people should be held accountable. In these situations, you might be able to sue this person in a civil lawsuit filed in state or federal court.
Common Examples of Third-Party Lawsuits
Texas’ workers’ compensation laws prohibit injured workers from suing their employer in the vast majority of cases. However, if a third party has injured you, they can certainly be sued. For example:
- You are running a work-related errand when another motorist slams into you, causing injury. Here, you can bring a third-party claim against the negligent driver.
- A customer comes into your place of work and assaults you. Here, you have a valid claim against the customer.
- You are unloading supplies from a vendor’s truck when supplies crash onto you. Depending on other facts, you might have a valid claim against the vendor.
- A defective piece of equipment injures you. For example, you might climb a ladder to reach something in your office when the ladder collapses, sending you to the ground. If the product was defective, you might have a claim against the manufacturer.
The key in all these cases is whether the person who injured you was at fault. If so, they must pay you compensation.
Compensation from Third Party Claims
Workers’ compensation benefits rarely cover all our clients’ losses, that being said most of our clients benefit from bringing a third-party claim. For example:
- Our client might need medical care that isn’t covered by workers’ comp.
- Our client has lost wages not covered by disability benefits. Typically, benefits only cover two-thirds of a workers’ average wage. With a civil lawsuit, you can receive full compensation for lost wages.
- Workers’ compensation does not cover pain and suffering or emotional distress, which could be considerable. A worker who has lost the use of his legs has suffered a dramatic change in his quality of life and should be compensated accordingly.
Every case is different, and there is no guarantee that an injured worker will win a third-party lawsuit. However, an experienced attorney should always be thinking about how to maximize the amount of money you receive so you can get back on track.
Give DJC Law a Call
If you are one of the thousands of Austin residents injured in a workplace accident and are worried about how you will cover your bills, we can help. DJC Law is an established personal injury firm in Austin that has worked with countless employees who have suffered injuries on the job.
Reach out to us today. You can call 512-888-9999 to schedule a free consultation where we can review your case.