Can I File a Third-Party Claim While Receiving Workers’ Compensation?
In some cases, yes. After a workplace injury in Texas, you could have the right to collect workers’ comp benefits and seek additional compensation from a claim against a liable third party. This might include entities like equipment manufacturers, contractors, or other drivers in work-related traffic accidents.
But note that if you secure compensation from a third party, your employer or insurance company could have the right to recover some or all of what it’s paid you. This process, called subrogation, prevents you from being doubly compensated for the same injury. It also highlights the difficulty of simultaneously managing workers’ comp and third-party claims. For a situation like this, your best move is to hire an experienced, reputable Houston work injury law firm.
Can I Sue My Employer for a Work Injury?
The question of whether you can sue your employer for a work injury in Texas hinges upon the specifics of your employer’s insurance coverage. If they provide workers’ compensation insurance, they enjoy substantial legal protections against most employee lawsuits. In fact, the only time a covered employer could be subject to an employee lawsuit in Texas is when the employee’s death is directly attributed to the employer’s negligence.
However, things are different if your employer does not provide workers’ compensation coverage. In this case, they forfeit their protection against lawsuits from injured employees. So, if you suffer a workplace injury or illness, and your employer doesn’t provide workers’ comp coverage, you could have the right to bring a lawsuit against your employer. The best way to assess your legal rights after a work injury is to consult a knowledgeable Houston personal injury lawyer.
Common Third-Party Work Injury Cases
The more common scenarios where third-party claims might arise in a workplace setting include the following:
- Accidents involving commercial vehicles where the other driver is at fault
- Injuries resulting from defective tools, equipment, or machinery
- Accidents on unsafe premises owned by a party other than your employer
- Injuries caused by contractors, subcontractors, or other non-employees on site
- Injuries caused by the actions of a client, patient, or customer
- Accidents at off-site work events organized by a third party
- Injuries due to inadequate signage or warnings from a third-party
Do I Need to Hire a Workers’ Comp Attorney After a Job Injury?
Hiring a workers’ compensation attorney is the best way to avoid the many common pitfalls of work injury claims, such as missed filing deadlines. Additionally, because insurance companies are often focused on minimizing payouts, you might need more negotiation leverage to secure a fair settlement with representation.
Handling a work injury claim without an attorney can also be extremely stressful and time-consuming, taking focus away from your recovery. And if unexpected challenges arise, such as disputes over the severity of your injuries or employer retaliation, you could be unprepared and vulnerable without legal counsel. When the stakes are this high, having an experienced Houston work injury lawyer on your side is essential.
How a Houston Workplace Accident Attorney Can Help
Recovering from a workplace injury can be difficult enough without the added pressure of medical bills, insurance paperwork, and legal deadlines looming over you. A work injury lawyer in Houston can help protect your rights and make sure your claim is handled correctly.
Whether you’re pursuing workers’ compensation benefits or a personal injury lawsuit, having a lawyer means you have someone who understands the legal process and can identify all possible sources of recovery. Additionally, employers and insurers often minimize claims, and an attorney can step in to push back against these attempts to prevent you from getting the money you need.
A Houston workplace accident attorney can do the following:
- Investigate the cause of your accident and collect supporting evidence
- Identify all liable parties and potential sources of compensation
- Handle communication and negotiations with insurance companies
- File all required documents and meet legal deadlines
- Prepare your case for trial if a fair settlement cannot be reached
Special Considerations for City Workers, Contractors, and Non-Subscribers
City and county employees in Houston are generally covered under the Texas Workers’ Compensation Act, which provides benefits for medical care and lost wages after an on-the-job injury. However, the rules can differ for public sector workers compared to private employees. For example, claims involving municipal workers often follow special procedures set by the City of Houston’s Risk Management Division rather than the standard insurance process.
Contractors and workers employed by government agencies may also face unique issues, including limits on who can be held liable under Texas Civil Practice and Remedies Code §101.021, which governs claims against governmental entities. A city worker injury lawyer familiar with these claims can help workers navigate these unique procedures and pursue all available benefits or third-party claims.
Steps to Take After a Workplace Accident
Your health should always come first after a workplace accident. Even if your injuries seem minor, getting prompt medical attention creates a record of your condition and can help prevent complications later. It also protects your legal rights, as insurance companies often question claims without timely documentation.
Once you are safe and have received medical care, there are several important steps you should take to protect your claim:
- Report the incident to your employer as soon as possible.
- Get a medical evaluation from an approved or recommended provider.
- If possible, document the scene by taking photos and collecting witness information.
- Keep copies of all medical records, bills, and work restrictions.
- Avoid signing any documents or giving statements without legal advice.
- Contact a work injury lawyer in Houston to review your options for compensation.
Why Choose Our Houston Work Injury Law Firm?
Fibich, Leebron, Copeland & Briggs was founded in 1992. For over 30 years, we’ve fought for severely injured Houston workers who need help accessing the workers’ comp benefits and personal injury compensation they deserve. Our many years of service have helped us build a reputation as tenacious, trial-tested attorneys who do everything it takes to secure a favorable outcome for our clients. We have significant resources to devote to your case, including established relationships with top experts who can provide critical testimony on your behalf.
We know you have a choice when it comes to the Houston workplace accident attorney who manages your claim. When you choose Fibich, Leebron, Copeland & Briggs, you can trust that we’ll take our role seriously. We’ve recovered over $1 billion for our deserving clients and are ready to support you throughout the claims process while you focus on healing.
Frequently Asked Questions
After a work injury, you likely have many questions about your legal rights and the process of pursuing accountability. Here are brief answers to some of the questions we hear most often – don’t hesitate to reach out for more information!
What should I do if I get injured at work in Houston?
Seek medical care immediately, then report the injury to your employer as soon as possible. Document everything, including photos, witness names, and medical records. Avoid signing paperwork or giving statements until you’ve spoken with a Houston workplace accident attorney about your rights.
Can I sue my employer for a workplace injury in Texas?
In most cases, employees covered by workers’ compensation cannot sue their employers. However, if your employer is a non-subscriber or acted with gross negligence, you may be able to file a personal injury lawsuit. A lawyer can review your situation and help you understand your legal options.
How much is my work injury claim worth?
The value of your claim depends on the severity of your injuries, your medical costs, your lost wages, and the injuries’ long-term impact. Workers’ compensation provides limited benefits, while personal injury claims may help you recover full lost income and compensation for pain and suffering.
What if my employer doesn’t have workers’ compensation?
If your employer is a non-subscriber, you may file a personal injury claim directly against them. Unlike workers’ compensation, you’ll need to prove your employer’s negligence, but the amount and types of compensation available to you can be broader. Texas law also restricts certain defenses for non-subscribers, which can strengthen your right to recovery.
Speak with a Houston Workplace Accident Attorney
If you got hurt at work, you deserve as much time and space as you need to focus on your physical recovery. Let an accident at work lawyer from Fibich, Leebron, Copeland & Briggs take charge of your workers’ compensation or personal injury claims process. We’ll prepare a persuasive claim and fight for the full, fair compensation and benefits you deserve. Contact us today to get started with a free, fully confidential consultation. You pay nothing unless and until we win your case.