For many on-the-job injuries, the workers’ compensation system offers a straightforward and simple way to get your injuries handled and pay your bills without having to call a lawyer. However, not all such injuries are so straightforward, and navigating the complexities of on-the-job injuries extends beyond the immediate physical and emotional impact. In Texas, the intricacies of workers’ compensation, premises liability and potential third-party claims add layers of complexity to the process.
Texas workers’ compensation
Texas operates a state-regulated, employer funded/insured, workers’ compensation program that provides benefits to employees with work-related injuries or illnesses. However, not all employers in Texas offer this coverage.
Administered by the Texas Department of Insurance’s Division of Workers’ Compensation, the system oversees compliance from all involved parties. This includes injured employees, employers, healthcare providers, insurance carriers and attorneys.
Premises liability
Premises liability holds property owners accountable for injuries sustained on their premises, and it could be applicable for an on-the-job injury. This aspect becomes pertinent when an on-the-job injury occurs on property owned by a non-employer. To pursue damages, the injured party must establish that the property owner owed them a duty of care and failed to meet that obligation.
Third-party claims
In certain situations, injured workers may have third-party claims. These arise when someone other than the employer causes the workplace accident. For instance, if a defective product injures a worker, they might file a claim against the product manufacturer. The Texas Labor Code allows employees or their beneficiaries to seek damages from third parties liable for compensable injuries.
Conclusion
In essence, on-the-job injuries are multifaceted. They can involve intricate interactions between the workers’ compensation, premises liability issues and potential third-party claims, to name just a few potential legal intricacies. Understanding these complexities is crucial for injured workers navigating the aftermath of workplace accidents.
