You should be safe at your place of work. But all too often mistakes are made that put unsuspecting workers like you in harm’s way. Although a workplace accident should qualify you for workers’ compensation benefits, the damages you recover from one of these claims simply may not be enough to fully offset your damages.
In fact, under Texas law if you’ve been hurt by a negligent contractor, dangerous machinery or a defective product, then you’re warranted in taking legal action in the form of a third-party liability lawsuit. Winning one of these cases can lead to the recovery of additional compensation that more fully covers your lost wages, medical expenses, rehabilitation costs and non-economic damages like pain and suffering and lost enjoyment of life.
But pursuing and succeeding on one of these claims may not be as easy as it seems. You need a strong understanding of the law and how to build an effective third-party liability claim if you want to maximize your chances of recovering the compensation owed to you, which is why in the remainder of this post we want to look at how these claims differ from a workers’ compensation case.
How does a third-party claim differ from workers’ compensation
Your employer is required to provide workers’ compensation insurance that covers workplace injuries. You don’t have to prove negligence to recover benefits from the workers’ compensation system, but accepting workers’ compensation benefits shields your employer from future legal action taken against them related to the accident.
However, if someone other than your employer (a third-party) is responsible for or contributed to your injuries, then you can take additional legal action against them. This is important considering that workers’ compensation benefits are limited to covering your lost wages and medical expenses. If you have additional losses that aren’t covered by your workers’ compensation benefits, then a third-party liability claim can help you collect the rest of what you’re owed. This can include compensation for losses such as disfigurement, lost enjoyment of life and mental anguish. The damages here can be significant, and the compensatory recovery resulting from a successful third-party claim can be large.
The two claims are logistically different, too. Whereas a workers’ compensation claim is primarily handled through administrative proceedings, a third-party liability claim will need to be file with and heard in a traditional trial court. The burdens of proof are also different. In a workers’ compensation claim, you merely need to show that you suffered injuries because of your work. In a third-party liability claim, on the other hand, you’ll need to demonstrate that the third-party acted negligently and that their negligence resulted in your injuries and your losses.
Gathering evidence for your third-party liability claim
Since you’ll likely have to prove negligence, causation and damages in your third-party liability case, gathering evidence is crucial. Witness accounts, accident reports, employment records and medical documentation can be helpful here, but you shouldn’t overlook the value of expert testimony and your own personal account of how your injuries have negatively affected your ability to live and enjoy your life. By gathering compelling evidence, you stand a better chance of winning your case and recovering what you deserve.
There’s a lot to lose after being injured on the job. If you don’t know your legal options and act on them, then you could miss out on the compensation you need to reclaim your life. So, if you’ve been hurt in a workplace accident, now is the time to think through the best way to aggressively protect your interests. If you want to learn more about how to do that, then we encourage you to read our website and seek out any additional resources that you think may be helpful in guiding you through the process.
