If you’re injured on the job in Texas because of something your employer did or didn’t do, the legal remedy is fairly straightforward. You can file a workers’ compensation claim or, if your employer isn’t covered by workers’ comp insurance, file a personal injury claim against your employer.
What is the answer, though, if your injuries were caused by a third party, like a subcontractor or supplier? In both cases, your best course of action is to leverage the strength and expertise of a Houston personal injury lawyer.
What’s the Difference Between Workers’ Comp and a Third Party Claim?
First off, unlike many states, employers in Texas are not required to carry workers’ compensation insurance for their employees. If yours does, that’s a great benefit; but it’s not required.
If you file for workers’ comp benefits, you’re essentially freeing your employer of any legal action. Instead, you’re using the benefits of worker’s comp to cover things like lost wages and medical costs.
By filing a third party claim, you’re holding that person or provider legally responsible for those costs and potentially other damages, including pain and suffering and property damage.
Why Would I File a Third Party Claim Instead of Workers’ Comp?
While workers’ comp claims will provide you with a certain level of financial support following your accident, a third party claim can provide more.
Of course, third party claims can take more time than workers’ comp, but the additional resources can provide you and your family with even more needed financial resources.
Compensation recovered through third party claims can be used to cover:
- Lost wages
- Support for your physical and emotional suffering
- Medical bills that have already piled up and expected costs for rehabilitation
- Decrease in your ability to earn a living
- Property damage
Of course, the decision is not necessarily one or the other. You could file both a workers’ comp claim and a third party claim.
For example, let’s say you were injured while driving for your employer due to the negligence of the driver of an 18-wheeler. You could file a workers’ comp claim with your employer’s insurance for coverage of your basic health needs and a third party claim against the driver, their employer, and possibly the manufacturer of the truck for additional funds.
Why Would I Need to Hire a Personal Injury Attorney?
You need a skilled and experienced personal injury attorney to guide you through the process of either claim.
Successfully claiming workers’ comp benefits requires you to go through a specific legal process. With the advice of an attorney, you’re less likely to make any mistakes and more likely to receive approval on the first attempt.
With a third party claim, certain things must be proven:
- You were owed a level of care by the third party.
- You were not provided with that level of care.
- The lack of care caused your injuries.
- Because of your injuries, you suffered harm.
Each of those steps takes time and skill to prove, and each must be proven in order to win your claim. When you hire our experienced work injury attorneys, you get the knowledge and resources that have helped so many other victims fight for the just compensation they deserve for their injuries. Don’t wait. Take action now – contact us today for a 100% FREE initial consultation. Our legal team will review your case with care and compassion.