Third Party Liability in the Workplace/Non-Subscriber Claim

If you are injured on the job and your employer carries workers’ compensation insurance, you typically cannot file a personal injury lawsuit against your employer. The workers’ compensation system is the exclusive remedy for that claim. However, if a third party was involved in your injuries, you may have legal grounds for a lawsuit. For instance, if you work on a construction site and your injury was caused by a defective forklift, you could file a claim with workers’ compensation and you might also be able to sue the manufacturer of the faulty equipment.

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“I was in a one-car accident on the job and had a head injury so I couldn’t remember what happened. Eric Marye found two witnesses and sued my company. My life would be much different if I hadn’t hired Eric Marye’s firm.” Robby Thomas

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If you are injured on the job and your employer doesn't carry worker compensation, you can probably sue your employer directly for negligence.  Texas is the only state in the country that allows an employer to go without worker' compensation insurance.  In the event that an employee is injured by an employer's negligence, the employee can sue the employer (or arbitrate) for negligence and typically receive all damages available under tort law.

Why is this important? There are statutorily mandated limits on benefits payable through the workers’ compensation system, and even if you successfully receive all benefits to which you are entitled, it simply may not be enough if your injuries permanently prevent you from earning a living. A personal injury lawsuit is also subject to limitations, but it allows you to try and obtain more compensation – money you and your family may need to move forward with your lives.

Third party lawsuits in a work-related injury case can be complicated. The workers’ compensation insurance company can recover some of its expenses from your third-party settlement. This is known as a workers’ compensation lien, and it can take away a portion of your damages. However, an attorney with experience in third party liability cases will prepare a claim designed to net you a settlement that takes the workers’ compensation lien into account. The attorney may also be able to negotiate a compromise on the amount of the lien.

If you’ve suffered from a third party work injury in the state of Texas, you need a law firm with the experience to take on tough cases, and the client dedication to ensure your rights and interests come first. Contact The Law Offices of Eric H. Marye & Associates for a free case review at 888-483-9072 or submit a claim online.