If you experienced a catastrophic injury while on the job, your company’s workers’ compensation policy will cover your medical bills and lost wages. Unfortunately, this no-fault system only addresses clear financial losses, not non-economic losses, such as pain and suffering.
However, you could recover a settlement for non-economic damages from another negligent party apart from your employer. How can a third‑party claim help if workers’ compensation falls short? Our attorneys at Williams Hart & Boundas can explain the process.
How Does a Third-Party Claim Supplement Workers’ Compensation?
If someone other than your employer or a coworker caused your workplace injury, you can sue them in a personal injury claim. Because workers’ compensation does not cover non-economic damages, this is the only way to seek compensation for damages such as pain and suffering, loss of life’s enjoyments, and mental anguish.
You may also be able to recover lost wages from future earning potential if you are not able to return to your old job. Workers’ compensation may not fully cover future and long-term care, and filing a claim against a third party can help you pay ongoing medical costs, such as rehabilitation and home care.
Who Can Be Considered a Third Party in Workers’ Compensation Claims?
Individuals or entities could be held liable in your claim. If faulty equipment caused your injury, it is possible to sue the manufacturer under strict liability. If the accident occurred on someone else’s property, such as a client’s home or a construction site, the owner, manager, or a careless subcontractor are examples of a third party that could be held liable for your non-economic damages. Likewise, if you sustained an injury while driving for work, it is possible to sue the negligent driver who hit you.
What Are the Key Steps To Hold a Third-Party Liable?
When your employer’s workers’ comp policy fails to cover all your damages, you need to know what to do next and who else may be liable in a claim. Our skilled workplace injury attorneys at Williams Hart & Boundas can help you identify all liable parties while guiding you through the complexities of both the workers’ compensation and third-party claim processes. Just remember that according to Texas Civil Practice and Remedies Code § 16.003, the state has a two-year statute of limitations from the date of the injury to file a lawsuit.
When Workers’ Comp Is Not Enough, Call Us To Learn About Third-Party Claims
While it is possible that a third-party claim can help if workers’ compensation fails to meet your needs, not every case qualifies. That is why you should consult with the nationally acclaimed personal injury attorneys at Williams Hart & Boundas. Our legal team can explain how a third‑party claim can help if workers’ compensation falls short. We go to trial often, defending victims’ rights—and we win. Contact us now to schedule your free case evaluation with a member of our award-winning team.