Filing a Civil Lawsuit after a Workplace Accident
When you have been hurt on the job, one of the first places you’ll typically look for compensation for your injuries and losses is workers’ compensation. Though Texas does not require employers to subscribe to the state’s workers’ compensation system, many employers choose to do so. If your employer is a subscriber, you can file a claim through your employer—you must only prove that you were injured and that the injury was work-related.
The workers’ compensation system, however, limits the amount of benefits, based on your average weekly wage over a period of time. Fortunately, you may not be limited to the benefits available through work comp (though your employer may tell you that). In certain situations, you may be able to file a “third-party claim,” essentially a personal injury lawsuit in court, to pursue compensation for your losses. Here’s how it works.
The Purpose of the Workers’ Compensation Program
Workers compensation evolved in the late 19th and early 20th centuries as a “grand bargain,” designed to benefit both employers and employees in the aftermath of a workplace accident. Workers could anticipate receiving benefits in a timelier manner and without the cost and stress of a civil lawsuit. Employers could avoid large verdicts from sympathetic juries.
In return for the simplified process, injured workers are generally required to consider workers’ compensation as the “exclusive remedy” for any injuries suffered. That means they can’t pursue other means (such as a lawsuit) to recover damages. However, the workers’ compensation laws are intended to cover only the liability of employers or fellow workers. If an injury is caused by the wrongful acts of an unrelated third party, workers’ compensation doesn’t apply—a worker may still file a personal injury lawsuit to recover those losses.
What Types of Injuries Allow for a Third-Party Claim?
If a workplace accident or injury is caused, in whole or in part, by the negligence, carelessness or other wrongful act of someone other than your employer or a co-worker, you can bring a third-party claim against that person or entity. Some common examples of third-party claims include:
- Claims for injuries sustained in a work-related motor vehicle accident caused by an unrelated third party
- Claims for injuries caused by a dangerous or defective tool, machine, device or product designed, manufactured or marketed by an unrelated third party
- Claims for injuries caused by workers at an adjacent building or facility
When there is third-party liability for your work-related injuries, you can actually file a workers’ compensation claim and a third-party personal injury lawsuit simultaneously. You may not, however, recover for the same losses in both proceedings. For example, if your medical bills are fully paid by workers’ compensation, you cannot recover those losses in the civil lawsuit.
Contact the Experienced Workplace Accident Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have extensive experience protecting the rights of people who have been injured at work. We will be your voice in all legal proceedings, as well as any dealings with insurance companies, so we can maximize the amount recovered for your losses. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
