- If you are injured on the job, you may have a claim for damages against your employer (subject to workers’ compensation laws) and/or any third party who caused or contributed to your injury.
- Potentially responsible third parties may include manufacturers of defective products, general contractors, property owners, subcontractors, and co-workers.
- You should report any workplace injury to your employer as soon as possible to preserve any Worker’s Compensation benefits and talk to an attorney about all third parties in addition to your employer that may have caused or contributed to your injury.
If you are injured on the job, you may have a claim for damages against your employer. Subject to worker’s compensation laws, which have been written on in previous articles, your employer has a duty to use ordinary care in providing a safe workplace. Your employer is not your only potential source of recovery, however.
If you are injured on the job and believe that someone other than your employer is responsible, i.e., a third party, you may have a claim for damages against that third party. In some cases, you may have a claim for damages against both your employer and the third party. Those third parties may include:
- general contractors;
- property owners;
- construction managers;
- developers;
- engineers;
- architects;
- co-workers.
Examples of cases in which a non-employer third party may be liable for all or part of your on-the-job injuries include:
- If you are injured by defective equipment or machinery on the job, you may have a products liability claim against the manufacturer or supplier of the equipment or machinery.
- If you are injured on a project that is negligently supervised by a third party contractor, you may have a negligence claim against the contractor.
- If you are injured by an unsafe condition at a worksite that is owned by a third party, you may have a premises liability claim against the property owner.
- If you are injured in a building collapse at a worksite, you may have a negligence claim against the engineer or architect who designed the structure.
- If you are injured by the negligent conduct of a subcontractor hired by your employer to work onsite, you may have a negligence claim against the subcontractor.
- If you are injured by the intentional or negligent conduct of a co-worker, you may have an injury claim against that co-worker.
There are innumerable examples of situations where, in addition to a claim against your employer, you also may pursue a negligence or products liability claim against a third party who caused or contributed to your injury.
As with any workplace injury, first and foremost, you should seek any necessary medical care. Next, you should report your injury to your employer. Under the Texas Worker’s Compensation System, if you do not report your injury within 30 days from the date of the injury or from the date you discovered the injury was work-related, you may not be able to recover Worker’s Compensation benefits. Finally, you should consult with a lawyer as soon as possible regarding your right to file a lawsuit against your employer and/or any third party who caused or contributed to your injury. A lawyer who properly investigates your case will attempt to identify all potential parties who caused or contributed to your injury.
Written by:
Linda K. Leibfarth
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
