Industrial sites like oilfields, automotive plants, and logistics companies near McAllen, Texas, can be dangerous workplaces. However, workers’ compensation insurance protects employers from lawsuits, so victims have limited options for compensation for their injuries. When a third party is at fault for a workplace accident at an industrial site, they may not be covered by workers’ comp. In these cases, a victim can hire a lawyer and file a third-party claim.
Injured workers near McAllen benefit from the local expertise available from the South Texas lawyers at Carabin Shaw. With decades of experience, we know how to hold third parties accountable to get you the compensation you deserve. Read our law firm’s client reviews to find out more about our effective legal strategies and successful outcomes.
The Limitations of Workers’ Compensation InsuranceYou must report a work injury to your employer within 30 days of a workplace accident or within 30 days from the date you knew an injury was work-related. If you don’t report it within this timeframe, it could delay or prevent workers’ compensation benefits.
Texas workers’ compensation benefits include:
While these benefits help injured workers financially recover from their losses, they do not fully cover the economic or noneconomic damages they experience. Instead, workers’ compensation covers a percentage of your wages, and it does not cover emotional damages or pain and suffering.
A McAllen industrial accident attorney can file a personal injury lawsuit for injured workers whose employers are uninsured. However, many large industrial employers carry workers’ compensation insurance to protect themselves from work accident lawsuits.
How Third-Party Claims Help Injured Workers in TexasEmployers are not the only parties who may be liable for a work injury, as you can hold third parties accountable for negligence through a civil lawsuit. Third parties are individuals or entities who are not the employer, and workers’ compensation does not protect them from personal injury claims.
Workers who suffer on-the-job injuries can hire a lawyer to file a workers’ compensation claim AND a personal injury claim against a third party at the same time. This allows them to get medical and income benefits without sacrificing compensation for noneconomic damages.
Victims who file a workers’ compensation claim along with a personal injury claim do not receive duplicate compensation. Once a third-party claim ends in a settlement or judgment, the workers’ compensation insurance company has the right of subrogation, which means they can recover the benefits they paid from the victim’s compensation.
Examples of Third-Party Negligence in the Industrial WorkplaceThere are countless examples of third-party negligence in industrial workplaces. A McAllen oilfield accident lawyer may file a claim against:
Your attorney will have to prove third-party negligence, which means the third party had a responsibility to act in a certain way and their failure to do so caused the worker’s injuries. This might happen if a truck driver failed to set his brakes, or if a property owner failed to disclose dangerous property conditions. An oilfield injury lawyer in McAllen TX will investigate your case and collect evidence to prove a third party’s fault.
Workers’ Compensation Claims and Lawsuits Against Third Parties | Contact Carabin Shaw Today to Book Your FREE Case ConsultationHaving a professional legal team behind you during a workers’ compensation claim helps you maximize your benefits and avoid making any mistakes that could jeopardize your compensation. In cases where there is a workers’ compensation claim and a third-party lawsuit, a good attorney can reduce the stress and confusion of handling separate claims for one workplace accident.
At Carabin Shaw, we help our clients understand their legal options and protect their rights after a workplace accident. Call our toll-free number at 1-800-862-1260 to schedule a free consultation. We offer our services on a contingency-fee basis, so you’re never stuck with legal fees unless we win your case. Someone is available to take your call 24 hours a day, seven days a week, and we have English- and Spanish-speaking staff.
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