Q: How much time do I have to file a third party work injury claim?
Not as long as you might think. Most work-related injuries suffered by Texas employees are caused either by their own actions, the behavior of their coworkers, or mistakes made by management.
However, employees are sometimes injured due to the negligence of third parties. When a worker is hurt by another entity, he may be entitled to pursue a third party work injury claim. These claims are subject to a statute of limitations.
Third Party Injury Causes
Some of the most common examples of third party work injury causes include:
- Vehicle accidents. If you’re involved in a collision while driving on behalf of your employer, you may have a third party claim if the driver who caused the accident doesn’t work for your company.
- Hazardous equipment. You could have a third party claim against an equipment manufacturer if you were injured by defective and malfunctioning equipment.
- Subcontractor incidents. If you're injured at work due to the actions of a subcontractor, you may be entitled to pursue a third party claim.
- Property accidents. If injured while working on property belonging to someone other than your employer, you may have a third party injury claim against the property owner.
Statute of Limitations
The Texas statute of limitations for personal injury claims is just two years from the date of injury. But there's an exception under the discovery rule. Since injury victims aren’t always aware of their ailments immediately following an accident, the discovery rule delays the statute of limitations countdown until the injuries are discovered.
Regardless of whether this exception applies, Texas has a 10-year statute of repose, prohibiting the filing of any case more than 10 years after the incident occurred.
If you were injured, you should contact an attorney as soon as possible. Building a case takes time, and the sooner you start, the stronger your case will be. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.