Third-Party Liability After a Refinery or Industrial Accident in Beaumont, Texas

Refineries and other industrial workplaces in or near Beaumont, Texas, can be dangerous despite safety protocols. That is why most employers carry workers’ compensation insurance: to provide compensation to workers and protect themselves from lawsuits. However, many industrial accidents are caused by third parties who are not the employer. Hiring a local lawyer can help you hold these parties accountable for your damages.

The Beaumont work accident attorneys at Carabin Shaw understand workers’ compensation laws and when you can file a third-party lawsuit for additional damages. We offer our services on a contingency-fee basis, so you don’t have to worry about legal fees unless we win your case. If you’re new to the area or looking for recommendations, please read our law firm’s client reviews to find out more about the quality of our legal services and then contact us to book your free consultation.

In a work injury case, third parties are anyone other than the employer or co-workers of the injured person, although co-workers can be held liable in cases of intentional acts as well. Workers’ compensation is legally the “exclusive remedy” for a work-related injury, but third parties are not protected from lawsuits in most cases. Because industrial work sites can be complex, there may be multiple third parties working at a single job site.

Examples of parties at refineries that may have third-party liability include:

• Material or chemical suppliers
• Maintenance companies
• Equipment manufacturers
• Contractors or subcontractors
• Transportation providers
• Consultants

Third parties generally become liable for accidents through acts of negligence. If their actions meet the requirements for negligence, your industrial injury attorney in Beaumont TX can help you file a claim for compensation.

Texas law requires that a claim establish four specific elements for it to qualify as negligence. Firstly, the defendant must have had a duty of care. Third parties have a duty to prevent harm by performing work in accordance with safety standards. If a third party breaches their duty, which is the second component of negligence, a lawyer can help you file a claim for damages.

The third and fourth requirements for negligence are harm and causation. The plaintiff in a third-party liability claim must have suffered damages to receive compensation. In addition, a lawyer must prove that the defendant’s breach of duty caused the harm.

Workers typically file a workers’ compensation claim for a work-related injury, regardless of the possibility of a third-party lawsuit, as long as the employer carries workers’ compensation insurance. It’s important to understand that, while your attorney can pursue both a workers’ compensation claim and a third-party injury claim, you cannot receive duplicate payments for the same injury.

A workers’ compensation insurer has the right to subrogate, meaning it can recover the benefits it has paid out from any third-party settlement. This may reduce the amount you ultimately receive from a third-party claim. However, third-party claims can often be much larger than workers’ compensation claims because they may include noneconomic damages, such as pain and suffering. For this reason, your lawyer may recommend pursuing a third-party lawsuit, as there can still be a substantial recovery even after subrogation.

Finding a skilled Beaumont refinery accident lawyer can help you secure the compensation you deserve after a work injury, going beyond the limits of workers’ compensation insurance. These limits often exclude noneconomic losses, such as pain and suffering, and can leave industrial workers at a disadvantage against large insurance companies. At Carabin Shaw, we help level the playing field so you can pursue fair compensation for all of your losses.

Call our toll-free number today at 1-800-862-1260 or contact us online to schedule a free case review to consider all the legal options available to you after a workplace accident. We have English- and Spanish-speaking staff, and someone is available to speak with you 24/7.

For more information:

• WORKERS' COMPENSATION BENEFITS
• Negligence
• THIRD-PARTY LIABILITY