Workers Compensation and Third Party Claims
Workplace injuries and deaths are primarily covered by Texas Workers Compensation Laws.
Workers compensation insurance provides fro the payment of the injured employee’s medical bills associated with the injury, compensates the injured employee with a portion of their regular pay while that employee is off work recovering from the injury, and provides compensation for any permanent total or partial disability as a result of the injury.
For most minor injuries, workers compensation insurance can fairly compensate the injured employee.
However, when it comes to serious injuries like the loss of a limb, or a death, workers compensation is not adequate to fairly compensate the family that lost a loved one or the injured employee.
In the event of a death, workers compensation does not compensate the family for the loss of their loved one. In the event of a serious injury like the loss of a limb, workers compensation does not compensate the employee for pain, suffering, mental anguish or loss of enjoyment of life.
Additionally, any award for future lost income is capped.
HOWEVER SOMETIMES MORE CAN BE DONE, UNDER TEXAS LAW!
When faced with an on-the-job death or serious injury, special attention should be paid to whether or not a third party-whether it be a person or and an entity- is legally responsible for the death or injury.
In the event that a third party is solely or partly responsible, any claim against the third party can be brought outside of the workers compensation allowing the family or injured employee to recover damages that are not allowed under the workers compensation statue.
Thus, in some cases, more adequate monetary damages can be sought and awarded to our clients who were injured at work.
In the event of a serious injury in the workplace, it is imperative that third party claims are fully explored. The existence of a third-party claim can allow the family or injured employee to be fully compensated for their losses.
Lawyers in our firm have pursued third party claims against employees of other companies who were at the work site at the time of the loss, or when the event occurred as a result of a n auto accident caused by the other driver or by a defective piece of oil equipment or a oil well that was not properly constructed or built or a defective machine designer, manufacturers, installers and modifiers.
A solid understanding of the workers compensation laws and how these laws interact with general personal injury is essential when representing injured or wrongfully killed clients. Call Carabin Shaw Offices for more information at 1.800.862.1260.