If you get injured while performing the tasks of your job in Austin, Texas, you may not fully understand your rights. You might jump into a fast workers’ compensation settlement, for example, without discussing the potential for greater compensation with a personal injury lawsuit.
One of the possibilities you should explore with a work injury lawyer in Austin is filing a third-party claim. If someone other than your employer or a coworker contributed to your work injury, a third-party claim could maximize your financial recovery – allowing you to move forward with greater peace of mind.
What Is a Third-Party Claim in a Work Injury Case?
A third party is an individual or entity besides the people primarily involved in an accident. It can refer to someone who is culpable or responsible for a work injury without actually being present at the scene of the accident. A third-party work injury claim refers to an insurance claim or civil lawsuit against a party that is not to the injured worker’s employer or fellow employee.
Your Legal Options After an Austin Work Injury
If you get hurt in the workplace in Austin, you may be able to receive insurance benefits to help you pay for your medical expenses and replace lost wages through a workers’ compensation claim. This is a no-fault insurance system that covers many employees in Texas. You don’t have to prove that someone else was at fault to qualify for workers’ comp benefits.
Another option is a personal injury lawsuit, if there is proof or evidence that someone else caused or contributed to your work injury. If you believe that your accident could have been prevented with a normal level of care, you may have grounds to bring a personal injury claim against the party responsible.
If the at-fault party is your employer, you must choose between a personal injury lawsuit or a workers’ comp settlement. You cannot sue your employer and accept a workers’ compensation payout. You can, however, file a third-party claim on top of receiving workers’ compensation benefits. Taking both legal routes could maximize your financial recovery.
Common Third Parties in Austin Work Injury Cases
Determining whether you are eligible for a third-party work injury claim starts with a thorough investigation of the circumstances. A qualified workplace accident attorney in Austin can conduct a comprehensive case assessment to identify any third parties that may have played a role.
Common examples include:
- Contractor: many workplaces, such as construction sites, involve multiple contractors and subcontractors working together on a job. If one of these individuals causes your injury, they may be liable (financially responsible).
- Product manufacturer: if an injury is caused by a product or piece of equipment that has a manufacturing, design or marketing defect, the manufacturer could be held responsible with a product liability claim.
- Property owner: some work injuries are the fault of careless property owners. If a jobsite is unsafe due to a property owner’s failure to maintain a safe premises, the landowner could be held responsible through a premises liability case.
- Government agency: the city or state government could be named in a third-party work injury claim in Austin if one of its workers contributed to the accident or it took place because of a public property defect.
- Motor vehicle driver: if a worker is injured in a car accident or hit by a car at a roadside worksite, the at-fault motor vehicle driver could be held liable.
Depending on the circumstances of your workplace accident, you could be covered under your employer’s workers’ compensation program as well as have a liability lawsuit against a third party. An attorney in Austin can carefully review your case to help break down your legal options.
Should You Accept a Workers’ Compensation Settlement?
The answer to this question depends on your unique circumstances. It is always wise to discuss your individual case with a qualified attorney before making any final decisions. If you suspect that someone else caused or contributed to your workplace accident in Austin, it is worthwhile to contact a lawyer for a no-cost consultation before signing any settlement agreements.
Keep in mind that once you accept a workers’ compensation settlement, you lose the right to sue your employer for negligence, or the failure to act with proper care. However, the ability to file a third-party claim remains.
How to File a Claim Against a Third Party After a Work Accident in Austin
After getting injured on the job in any type of accident, remain calm and seek medical attention. Gather information and evidence, such as photographs of the accident scene, eyewitness names and statements, and an accident report. Notify your employer of your injuries as soon as possible.
If you suspect the fault of one or multiple third parties, reach out to an attorney for legal advice and assistance. A lawyer can help you preserve key evidence to build your third-party claim, including hiring highly qualified subject matter experts.
After calculating the full value of your work injury claim, your lawyer can negotiate with insurance companies to maximize your settlement value. If a fair settlement isn’t offered, your lawyer can bring your case to trial in pursuit of justice on your behalf.
How an Attorney Can Help You With a Third-Party Work Injury Case in Austin
A third-party work injury case in Austin can be complex. You may have to deal with multiple insurance companies as well as your employer. Hiring an experienced work injury attorney can help make the legal process easier for you while optimizing your case results.
An attorney will start by assessing your case and answering your legal questions. If the lawyer believes that someone other than your employer or coworker was responsible for your injuries, they may recommend a third-party claim.
To initiate your case, your lawyer will handle confusing legal paperwork and submit it before key deadlines. Then, your lawyer will search for evidence to support and build your case, such as proof of safety violations or negligence.
You can count on your lawyer to negotiate with insurance companies on your behalf to achieve a fair settlement that fully covers your medical bills, lost wages, lost future capacity to earn, pain and suffering, and more. Your lawyer will work hard to maximize your financial recovery.
If you’ve been involved in any type of workplace accident in Austin, FVF Law Firm is here to educate you about your rights, including the possibility of filing a third-party claim. We have more than 100 years of combined experience. Our goal is to help you make well-informed decisions. Schedule your no-pressure case review to discuss your options today.
