Working in a factory comes with many possible dangers. Whether you are using heavy machinery or are exposed to hazardous materials, the potential for an on-the-job injury is often high.
While it is true that your employer probably has a workers’ compensation insurance policy, it may not cover all your damages, such as pain and suffering. So, just who can be held liable for a factory accident in Texas? Keep reading to find out, and contact us today.
Your Employer Can Be Held Liable for a Factory Accident
Working in a factory comes with lots of risks due to common hazards, such as machinery accidents, slip and falls, and chemical exposures. As Texas is the only state in the United States that does not require private employers to carry workers’ compensation insurance, non-subscribers can be sued directly for a factory accident. In some cases, your company may even lose certain legal defenses, such as blaming the employee for their injuries.
You May Have a Valid Claim Against a Third Party
Industrial sites often involve more than one company. If a contractor or subcontractor’s negligence caused your factory accident in Texas, such as due to improper maintenance or safety violations, they can be held liable. This is true even if your company does have workers’ compensation.
Likewise, manufacturers and suppliers have a duty to ensure their equipment is free from design and production flaws or to include appropriate warning labels if the materials are hazardous. Maintenance companies that inspect and repair factory equipment, non-employee forklift or delivery truck drivers, and grossly negligent co-workers can also be held responsible for your workplace accident.
Does the State’s Modified Comparative Negligence Law Apply to Factory Accidents?
The modified comparative negligence law for Texas does apply to factory accidents, as it does in most personal injury cases. Even if you are partly at fault for your injuries, you may still receive compensation when you are under 51 percent responsible.
However, this shared liability directly affects your amount of compensation. For example, if you were found to be 35 percent at fault, you can only recover up to 65 percent of your damages.
Find Out Who Can Be Held Liable for Your Factory Accident in Texas
Now that you have a better understanding of who can be held liable for a factory accident in Texas, it is time to discuss the particulars of your case with the award-winning personal injury attorneys at Williams Hart & Boundas. We will explain who the responsible parties are in your case and how our state’s modified comparative negligence system may apply to your claim. Schedule your free case evaluation today. Rest assured, we will take your claim to trial if necessary because our nationally acclaimed attorneys are here to win.