Friday, July 28, 2017

Pursuing Third Parties in Texas Workplace Injury Cases

Originally published by Sawicki Law Firm Blog.

Q: Who is responsible for workplace injuries in Texas?

Skilled workplace injury attorneys have specialized knowledge of the state and federal rules that apply to the industries involved in each particular claim and access to relevant experts in workplace safety. Post-accident investigations to determine which parties may be liable for the injuries and consultations with various experts to assess and calculate the lifetime physical, emotional, and financial impact of the accident on the victim’s life are just part of what makes litigating these actions complex.

In general, an employee injured on the job in Texas is unable to sue their employer for personal injury if the employer carried some form of Worker’s Compensation insurance. However, an investigation into the workplace accident may reveal that a third-party lawsuit—one that’s brought against anyone other than the victim’s employer–is appropriate.

If the victim’s personal injury or wrongful death was a result of the negligent, reckless, or intentional actions or inactions of another person or company, that third-party may be held liable for the workplace injuries–especially if the injury was due to unsafe work conditions or faulty equipment.

If a victim can establish the third-party’s liability, compensatory damages may be awarded for losses including the cost of physical and psychological injuries, anticipated future medical costs, lost income, anticipated lost or diminished earning capacity, and more, depending on the unique circumstances of each case. If more than one person or entity is found liable for causing the victim’s injuries, the amount of the award by the jury will be apportioned according to the percentage each liable party was deemed to have been contributorily negligent.

Recently, a worker at a plant was seriously injured when he fell 30 feet through scaffolding constructed by a different company. The victim–who was not an employee of the plant or of the company that constructed the scaffolding–was awarded $200,000 in a personal injury action against both companies after evidence indicated that the scaffolding failed to meet both federal and the plant’s own safety standards. The scaffolding company was found to be 80% liable while the plant was deemed 20% liable.

If you or a loved one has been injured in the workplace– or a loved one has been killed– due to someone else’s negligence, the workplace injury attorneys at Sawicki Law can help. Call us at 888-468-8844 for a free consultation. From our offices in Dallas, we represent clients throughout Texas as well as those injured while visiting.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

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