While many workers are much safer at their jobs today due to safety innovations and workplace regulations, serious on-the-job injuries still occur that can result in life-changing and fatal injuries.
If you sustained a workplace injury as a result of your occupational duties, you may be entitled to workers’ compensation benefits that help you recover for your physical, emotional, and financial losses. You might also be eligible to pursue damages from a third party under a separate personal injury claim. An experienced College Station workers’ compensation lawyer could review the merits of your claim to see what kind of compensation could be available to you if a third party as involved in your accident.
What is Workers’ Compensation?
Under state law, most employers must purchase workers’ compensation insurance or self-insure their employees against losses from work-related injuries. The insurance is supposed to protect workers who cannot work, either temporarily or permanently, due to an injury or illness that occurred because of their usual occupational duties. Workers’ compensation benefits give injured employees a certain, mandated percentage of their wages during the time that they are unable to work. Workers’ comp also covers the reasonable medical expenses of injured employees. Under state law, an injured worker does not need to prove that somebody else caused their injury to obtain workers’ comp benefits. Even if the injured worker bears some personal responsibility for causing the accident that resulted in their injuries, they may still have the option to recover workers’ comp benefits.
It is important to note that if an employee receives workers’ comp benefits, they cannot file personal injury suits against their employer for their injury. A skilled attorney in College Station could help an injured worker through the legal process of obtaining workers’ compensation.
When Workers Are Not Eligible to Receive Benefits?
Some employers may try to deny coverage by arguing that a worker sustained their injury when they were acting outside the scope of their employment. For example, if a truck driver got hurt while they were on break or getting gas, this might open them up to denial of their claim. Fortunately, our seasoned lawyers in College Station have successfully helped injured employees obtain workers’ compensation even when coverage had been initially denied.
If the person who sustained the injury was a subcontractor or independent contractor, instead of an employee, then they might not be eligible to receive workers’ comp. In that instance, they could pursue recovery under a third-party claim.
Third-Party Claims after a Workplace Accident
Many workplace injuries occur because a person not directly employed by the worker’s employer, made a mistake. Although injured workers cannot generally sue their employers privately, if a third party’s negligent actions led to a workplace accident, they can file personal injury claims against those third parties. Third-party claims often arise in the following workplace accident situations:
- Automobile accidents – An injured truck driver could file a third-party claim against a negligent driver who caused a crash.
- Defective products – An injured employee could sue the manufacturer of defective machinery for causing their injury.
- Subcontractors – An injured construction worker could sue a negligent subcontractor at their worksite for their negligence.
Our attorneys in College Station could help hold the parties responsible for a workplace accident accountable for their wrongful actions.
Contact a College Station Workers’ Compensation Attorney Today
If you suffered harm in the workplace, you deserve compensation for your losses. A College Station workers’ compensation lawyer could help you investigate all of the potential sources for compensation to help you maximize your financial recovery if a third party was involved in your accident. Get in touch with our office today to schedule a meeting.