Our Austin Injury Attorneys Explain Workers Compensation
Workers compensation covers employees when they suffer injuries on the job. In most cases, employees cannot sue employers that offer workers compensation, but they can receive benefits for medical bills and some lost wages due to disability.
However, some cases may merit a third party claim in addition to the coverage provided by workers compensation. Workers can file these claims when someone besides the employer causes a serious injury on the job, such as when a worker or independent contractor allows injuries to occur through negligence. One example of a potential third party claim occurs when an accident caused by a product or machine part injures an employee.
Determining When to File a Third Party Claim for a Product Injury
Depending on what caused the product to injure the employee, a product injury may allow the victim to file a third party claim. A product injury occurs anytime a product, such as a machine, vehicle, medicine or any other object causes an individual to suffer from an injury. If a product proves defective, a victim that suffers an injury because of the defective product may sue the manufacturer for damages.
If an employee misused the product or failed to perform routine maintenance that ultimately led to its failure, the product’s manufacturer is likely not responsible for the injuries caused by the product. For example, if a company purchases a vehicle and fails to maintain the vehicle’s brakes, the vehicle’s manufacturer may not bear liability for an accident caused by the poorly maintained brakes. It is important to note, though, that if an independent contractor did not perform proper maintenance on a product he or she supplies, the injured employee may file a third party claim against the independent contractor.
However, if the product is simply defective, an employee who suffers an injury from this product may file a third party product liability claim to supplement workers compensation and provide more benefits. Additionally, if the worker’s employer does not carry workers compensation, this may be the only method available to receive compensation for an injury.
Find Out When to File a Third Party Claim
For more than 30 years, the Austin injury lawyer at The Law Offices of Aaron Allison has assisted employees with workers compensation and third party claims. We can advise workers when a third party claim is applicable and likely to earn compensation for them. Speak with a qualified lawyer at our firm to find out if filing a third party claim makes sense for your case.