When an employee is hurt in a work-related accident, the injury could be caused by something other than the employer or workplace.
In certain situations, a third party might be responsible for causing an employee’s injuries in a work-related accident.
If a worker is injured because of the actions of a third party, the worker has the option to file an action towards the third party responsible.
Workers’ compensation claims and third party liability personal injury claims are both different in what they can do for an injured employee.
Workers’ Compensation Claim
The workers’ compensation framework is meant to give temporary benefits to injured employees for a work-related injury or illness.
Workers’ comp benefits are used to provide medical expenses and income replacement benefits, however, most benefits are restricted in terms of how long an injured employee may claim them.
An injured employee could have used up all of their workers’ compensation benefits after a few years, though they may still be suffering from painful work-related injuries caused by the responsible third party.
One can receive workers’ compensation benefits by filing out the appropriate forms with the Texas Department of Insurance, Division of Workers’ Compensation.
Injured workers are required to complete and submit to the Texas Department of Insurance, Division of Worker’s Compensation the Employee’s Claim for
Compensation for a Work-Related Injury or Occupational Disease form (DWC Form-041).
The one year statute of limitations must be taken account for when filing a workers’ compensation claim.
Surviving family members, if eligible, are required to complete and submit to the Texas Department of Insurance, Division of Workers’ Compensation the Beneficiary Claim for Death Benefits form (DWC Form-042).
The one year statute of limitations must be taken account for when filing a workers’ compensation claim.
As an overall rule, the workers’ compensation framework is available to any injured employee no matter the fault, unless the worker was intoxicated, willful criminal conduct was involved, or another similar exception.
Generally speaking, if an employee is injured on the job by a co-worker, they will be covered by workers’ compensation insurance.
Though there are times where an accident on the job has occurred due to someone that isn’t the employer or employee.
If a third party has been involved in causing an injury, such as a supplier, vendor or company, etc., they should be held responsible for their actions.
If a third party is the one liable for causing an employee’s injury, or in some situations, the case of a wrongful death, then the injured worker or surviving family members, are able to seek compensation through a personal injury claim or wrongful death claim from the responsible third party.
Third party liability cases can be supplementary to a workers’ comp claim when being pursued by the injured work.
A third party liability suit is just like a personal injury or wrongful death suit, in fact, it also follows the same procedure and statute of limitations.
The statute of limitations is two years after the date of the injury or death of the employee for a personal injury claim or wrongful death claim.
A third party liability suit could still be useful for an injured employee to receive financial compensation for a long term injury and future medical care.
The injured party, or surviving family members, have the options to either file a claim against the liable third party, or attempt to enter a settlement negotiation with the liable third party.
A few instances of a common third party liability accident are:
- An injury as the result of a manufacturing defect or defective design of a product used by the employee while working;
- An injury occurring from an automobile accident that happened while the worker was on the clock due to the negligence or intentional actions of a third party; and
- An injury occurring due to another business from premises liability issues, if it the injured worker’s job to visit other businesses.
In fact, a third party liability suit could result in an injured employee receiving more compensation than he would from a workers’ compensation claim.
Unlike a workers’ compensation claim, an injured employee can obtain compensation for pain and suffering, mental anguish, and other such noneconomic injuries the stem from the work-related injury under a third party liability suit.
Furthermore, an injured employee could make their recovery much larget by being awarded punitive damages if the circumstances are right in a third party liability suit.
An injured worker who is interested in a liable third party claim, should ensure that they talk to their personal injury lawyer about the specific details of their case and the injured worker’s injuries.
A personal injury attorney is able to effectively identify all of the potential liable parties, and help ensure that a strategy is made to obtain the maximum amount of compensation available to the injured employee in light of the facts and circumstances leading up to the injuries.
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