Examples of Third Party Claims

Our Austin Injury Lawyers Explain Workers Comp Laws

When an employee suffers an injury at work caused by someone other than a coworker or employer, that employee may be entitled to benefits above and beyond workers compensation. When an employee from another company, contractor, non-worker or defective product causes serious injury, the victim may be eligible for a third party claim against whoever caused the serious injury.

Victims of on-the-job injuries may not understand the complexities of workers compensation law. Texas has unique laws that determine when employees can receive compensation, when they can file a lawsuit against their employer and when they can file suit against a completely different entity that played a role in the injury or accident.

Instances in Which a Third Party Claim May Apply

Because a third party claim may apply to a wide variety of occurrences, many conditions determine whether an employee can file a third party claim. Some examples include the following:

• While at work, an employee is struck by a vehicle. Since the vehicle’s driver is not employed by the same company as the injured worker, the injured worker may file a third party claim against the driver. The driver may be acting as an employee of another company, a contractor or a non-employee at the time of the incident.
• The owner of a worksite property fails to maintain a safe workplace, which causes an employee to suffer an injury. If the property owner pays the injured worker’s company for a service on the property, leases the property to the worker’s employer or is otherwise not a part of the employee’s company, the worker may be able to file a third party claim against the property owner.
• A defective product malfunctions and injures an employee. If the product is defective and not poorly maintained or used, the injured worker may file a third party claim against the product manufacturer.
• A construction accident injured employee falls under workers’ compensation with his employer, but may have a claim of negligence against another subcontractor on the job site, or a general contractor.

Third party claims may grant victims additional benefits for pain, suffering and punitive damages.

Seek Representation for a Third Party Claim

The Law Offices of Aaron Allison works with many victims of injury who need assistance filing workers’ compensation claims, appealing denials and filing third party claims. Our Austin injury attorney possess a thorough understanding of workers compensation law in Texas and can help workers seek financial recovery for medical costs, lost wages and other expenses. Contact our firm today for advice on workers compensation claims.