Who Can Be Held Liable for Your Texas Work Injury?

At Charles J. Argento, our Houston workplace accident attorneys know in Texas, various parties can be held liable for a work injury, depending on the circumstances of the injury and the specific factors involved.

Here, we discuss the primary parties who may be held responsible so injured workers can pursue the compensation they are entitled to from the liable party’s insurance coverage.

When are Texas Employers Liable for Workplace Injuries?

If your Texas employer carries workers’ compensation insurance, you cannot sue them for work-related injuries. Instead, you will receive benefits through the workers’ compensation system, which covers medical expenses, lost wages, and disability benefits.

You may be eligible to pursue a claim against your employer for negligence if your employer does not subscribe to the workers’ compensation system. Texas allows employees to seek compensation from non-subscriber employers for work-related injuries, and these employers cannot use certain common defenses, such as claiming the injury was caused by the employee’s negligence.

This is why it is essential to speak with a skilled Houston workplace injury attorney about your claim so you can make informed decisions about its direction.

Can Third Parties Be Held Liable for Workplace Injuries in Texas?

If a contractor or subcontractor’s negligence contributed to your injury, you might have a claim against them. This is common in construction sites where multiple contractors are present.

Other third parties that may be pursued during a personal injury claim may include:

  • Equipment Manufacturers: If faulty equipment or machinery caused your injury, the manufacturer or distributor might be liable under product liability laws.
  • Property Owners: If you were injured on someone else’s property while performing work-related duties, the property owner might be liable, primarily if the injury resulted from a hazardous condition on the property that the owner knew or should have known about.
  • Vendors and Service Providers: If a vendor or service provider—including a maintenance company or delivery service—negligently performs their duties and this negligence leads to your injury, they could be held liable.
  • Co-workers: Although rare, in some cases, you may be able to sue a co-worker if their gross negligence or intentional actions caused your injury.

Liability often hinges on proving negligence. This means showing that the party had a duty to ensure your safety, breached that duty and this breach caused your injury.

What Steps Should I Take After a Texas Work Injury?

There are steps you can take to help build your workers’ compensation or personal injury claim after getting hurt at work.

They include:

  • Report the Injury: Notify your employer immediately about the injury. Prompt reporting is essential for workers’ compensation claims and can help document the incident.
  • Seek Medical Attention: Get medical treatment for your injuries immediately. Follow all medical advice and document your injuries and treatment.
  • Document the Incident: Keep detailed records of the accident, including the date, time, location, witnesses, and other relevant details. Take photos if possible.
  • Consult an Attorney: If you have been injured in a workplace accident caused by negligence in Texas, contact Charles J. Argento for help today.

Contact Our Attorney at Charles J. Argento Today

Our experienced workers’ compensation and personal injury lawyer in Houston will work to build a strong case on your behalf and maximize the compensation you may be entitled to for your injuries and losses. Schedule a free consultation by calling (713)-225-5050 or contacting us online so that together, we can pursue justice by holding the negligent person liable for your full financial recovery.

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