A briefcase icon

free case review

All of our consultations are 100% FREE & confidential.

Workers’ Compensation Claim vs. Third-Party Liability in Sugarland

When an employee is hurt in a work-related accident, the injury could be caused by something other than the employer or workplace.

In some work-related injury situations it may not be the employer’s responsibility, but instead a third-party liability.

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.

There is a distinct difference between a third party liability personal injury claim and a workers’ compensation claim, they also do different things for injured workers.

Workers’ Compensation Claim

Designed to give injured employees temporary benefits, workers’ compensation claims are used for a work-related injury or illness.

The workers’ compensation framework provides hospital expenses and income replacement benefits, though most of these benefits are only available in terms of how long an injured employee may claim them.

For instance, an injured worker could still be suffering from a work-related injury due to a liable third party, even after they have received workers’ compensation benefits for a few years.

One can receive workers’ compensation benefits by filing out the appropriate forms with the Texas Department of Insurance, Division of Workers’ Compensation.

Injured employees must ensure that they have completed and submitted the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form (DWC Form-041) to the Texas Department of Insurance, Division of Worker’s Compensation.

When filing a worker’s compensation claim, this form is required to be completed within the one year statute of limitations.

The Beneficiary Claim for Death Benefits must be completed and submitted to the Texas Department of Insurance, Division of Workers’ Compensation by the surviving family members.

When filing a worker’s compensation claim, this form is required to be completed within the one year statute of limitations.

Workers’ compensation is generally always awarded regardless of the fault with only a few exceptions like a worker being intoxicated, willful criminal conduct of the worker of third party or the like.

Usually, a worker injured in the work place where the fault is placed by co-workers are covered by the workers’ compensation framework.

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.

Whenever it is a third party’s fault that a worker has been injured, or ended up in a wrongful death, the injured worker or surviving family members have the right to receive compensation from the responsible third party by using a personal injury claim, or wrongful death claim.

A third party liability case can be used supplementary to a workers’ compensation claim if being pursued by the injured employee.

Following the same procedures and statute of limitations, a third party liability suit is very much like any other personal injury or wrongful deaths suit.

Two years from the discovery of the injury or employee’s death is the statute of limitations 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.

Typical third party liability accidents include:

  • An injury as the result of a manufacturing defect or defective design of a product used by the employee while working;
  • Injuries resulting from an automobile accident while the employee was on the clock, that happened because of intentional or negligence actions of a third party; and
  • An injury arising from premises liability issues in the event that the injured employee’s job required them to visit other businesses.

In most instances, a third party liability suit will compensate an injured worker more so than a workers’ compensation claim will.

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 larger 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.

What If My Employer/Boss Won’t Report My Injury To Workers’ Compensation in Sugarland?

Proudly serving in: Houston | Harris | Pasadena | Fort Bend | Sugarland

get started on your claim

let our Houston law firm injury lawyers focus on fighting insurance company so that you can focus on getting better.