Q: How do I start a third party injury claim?
Employees injured while on the job are entitled to receive workers’ compensation benefits to cover their medical bills and lost income.
Unfortunately, as helpful as these benefits can be, there's no provision to compensate workers for their emotional trauma, loss of independence, or pain and suffering.
However, if an employee’s injuries were caused by the negligence of a third party, he or she may be entitled to collect these damages with a third party lawsuit.
Grounds for a Third Party Lawsuit
An employee injured by a third party can typically file both a workers’ compensation claim and a separate third party negligence lawsuit against those responsible for his injuries.
Workers’ compensation claims are no-fault—meaning a worker isn’t required to prove his employer was negligent in order to receive benefits.
On the other hand, recovering damages via a third party lawsuit requires the injured worker to provide evidence of the third party’s negligence. To do so, he must demonstrate the third party created the circumstances that caused his injuries and otherwise, he wouldn't be hurt.
A third party work injury lawsuit must therefore prove:
- The injury victim was involved in a work-related accident
- The third party owed him a duty of care
- The third party failed in this duty of care
- He was injured
- His injuries resulted from the work-related accident
If you were injured in an accident caused by a third party, you must act quickly to protect your right to compensation.
In Texas, the statute of limitations is just two years from the date of employee injury. Your complaint must be filed in the appropriate Texas court, and comply with numerous legal requirements to be considered valid.
Third party claims are complicated, and they require the expertise of an experienced personal injury attorney. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.