Suffering an injury at work can be a life-altering experience. While Texas workers’ compensation laws provide benefits for many employees, they often limit your ability to sue your employer directly. However, in some cases, you may have the right to pursue compensation through a third-party claim.
At Braker White, we are committed to helping injured workers in Odessa, Midland, and throughout West Texas navigate the complexities of third-party work injury claims. In this article, we’ll explore the circumstances under which you can sue for a work-related injury in Texas, how long you have to file a lawsuit, and the potential compensation you could recover.
Key Takeaways
- Most employees cannot sue their employer directly if they are covered by workers’ compensation.
- Third-party claims allow injured workers to hold other parties—like contractors, equipment manufacturers, or property owners—liable for their injuries.
- You typically have 2 years from the date of the injury to file a lawsuit in Texas.
- The compensation you may be eligible to recover depends on factors like medical expenses, lost income, and pain and suffering.
- Hiring an attorney can increase your chances of securing fair compensation by building a strong case and effectively navigating complex legal processes.
When Can You Sue for a Work-Related Injury in Texas?
In Texas, the ability to sue for a work-related injury depends on the circumstances of the incident. If your employer subscribes to workers’ compensation, you generally cannot sue them directly. Instead, you can pursue a third-party claim against someone other than your employer who contributed to your injuries.
Common Third-Party Defendants
When a work-related injury occurs, liability may extend beyond your employer. Third-party claims allow injured workers to seek compensation from other parties who contributed to the accident, including:
- Contractors or Subcontractors: If a contractor’s negligence causes your injury, they can be held liable.
- Equipment Manufacturers: Defective machinery or tools that malfunction could make the manufacturer responsible.
- Property Owners: Unsafe premises or hazardous conditions on a worksite may allow for a premises liability claim.
Examples of Third-Party Claims
- Being struck by a vehicle operated by a third-party driver while on the job.
- Injuries caused by poorly maintained or defective equipment.
- Accidents resulting from a subcontractor’s failure to follow safety protocols.
How Long Do You Have To Sue for Work-Related Injuries in Texas?
Texas law imposes a statute of limitations for personal injury claims, including third-party work injury cases. You generally have 2 years from the date of your injury to file a lawsuit. However, certain exceptions may apply:
- Discovery Rule: If your injury was not immediately apparent (e.g., toxic exposure or repetitive stress injuries), the clock may start when you discover the harm.
- Claims Against Government Entities: Special rules and shorter deadlines may apply if a government entity is involved.
It’s vital to act quickly, as delays can jeopardize evidence, limit your options, and weaken your case.
How Much Can You Sue for a Work-Related Injury?
The compensation available in a third-party work injury claim depends on several factors, including the severity of your injuries and the degree of negligence involved. This compensation is intended to help injured workers recover financially, emotionally, and personally, providing stability during a difficult time.
Types of Damages You Can Recover
Damages available after a work-related injury are typically divided into 3 categories:
- Economic Damages: Economic damages cover the financial losses directly related to your injury.
- Past and future medical expenses.
- Lost wages and diminished earning capacity.
- Costs for vocational rehabilitation.
- Non-Economic Damages: Non-economic damages address the intangible impacts of your injury.
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Punitive Damages: Punitive damages are awarded in cases of gross negligence or willful misconduct to punish the wrongdoer and deter similar actions in the future.
An experienced attorney can accurately evaluate your claim, gather compelling evidence, and negotiate with insurance companies to help maximize your potential compensation.
Why Choose Braker White for Your Work Injury Case
Pursuing a third-party work injury claim can be complex and demands qualified legal guidance. At Braker White, we help injured workers by:
- Conducting Investigations: Identifying all liable parties and building a strong case.
- Gathering Evidence: Collecting medical records, accident reports, and expert testimony.
- Negotiating Settlements: Dealing with insurers to seek fair compensation.
- Pursuing Litigation: Taking your case to court if a fair settlement cannot be reached.
We understand the challenges injured workers face and are committed to fighting for justice on your behalf. Our firm operates on a contingency fee basis, meaning you don’t pay unless we win your case. This ensures that every client, regardless of their financial situation, has access to top-tier legal representation.If you’ve been wondering, “Can you sue for a work-related injury?” the answer depends on your unique circumstances. Contact us today to discuss your legal options and take the first step toward securing the compensation you may deserve.
