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Are third-party claims possible in Texas after a work injury?

As we mentioned in a previous blog post, not all employers in Texas are required to carry workers' compensation insurance coverage. However, for those who are hurt on the job, there are still compensation options. In this post, we are going to focus on third-party liability claims.

In the most basic of terms, in talking about work injuries, a third-party liability claim is the type of legal action an employee can take when an injury stems from a third party, meaning not the employer or employee.

Holding other parties accountable for work injuries

Let's say a forklift operator is hurt on the job due to a defective machine. The operator ends up acquiring tens of thousands of dollars worth of medical bills due to the injuries. The worker's employer does not carry workers' compensation insurance coverage. In this case, to attempt to recoup noneconomic and economic losses, the worker can file a third-party liability claim against the manufacturer of the forklift.

This is just one example of a third-party liability claim. Other common examples include:

  • A worker, who is driving as part of their scope of employment, is hurt in a motor vehicle accident. Another driver, who does not work for the company, is to blame for the crash. In this case, the injured worker can file a third-party liability claim against this other driver.
  • A worker is hurt while using a machine as part of their job. In this case, an equipment service provider was responsible for the proper servicing of the machine. However, in this case, the provider was not keeping up with the proper maintenance. This provider can end up facing a third-party claim.

An advocate for injured employees

As with any type of personal injury case, work injuries in Texas can be particularly complex. At Ted B. Lyon & Associates, we pride ourselves on our commitment to injured workers. We understand just how devastating a work injury can be -- physically, emotionally and financially -- and work hard to get our clients the compensation they need to move on after an accident.

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