by Workplace Injury Lawyer
When somebody gets hurt at work, our workplace injury lawyers have to analyze the case to determine whether they have a claim. Work injury laws can be complicated and depend on the facts of each case. If an employer has workers’ compensation insurance, then generally the injured worker cannot sue their employer. However, it’s not that simple, and there is very often a potential case even when an employer apparently has workers’ compensation. If you call our office, we will be glad to quickly evaluate whether you have a potential claim.
Workers’ Compensation “Third Party” Cases
If the employer in Texas has workers’ compensation insurance, they are referred to in the law as a “subscriber”. If an employer is a subscriber, that employer has immunity from claims by the injured worker, which means that the injured worker cannot make any claims against the employer for their injuries, and may only make claims against third parties who may have contributed to causing the injury.
For example, if a client was working on a construction site for a plumbing contractor who carries worker’s compensation, and got hurt on the job by somebody working for a different company, say an electrical sub-contractor, then we could make claims against that third party. Or, if a defective product, such as a valve caused the injury, our workplace accident lawyers could go after the manufacturer or distributor of the defective product. These types of claims are known as “third-party” claims because they involve somebody other than the injured party and their employer.
Other examples of third–party claims would be if someone is driving for work and is hit by another vehicle; a claim can be made against the driver who caused the crash. Likewise, if a person is working for a drilling company on an oilfield site and is injured, the drilling company—if they have workers’ compensation coverage—cannot be liable, but if the production company or some other company, such as a casing crew, was on scene and contributed to causing the accident, then our workplace injury lawyers could file a claim against those responsible parties.
