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Third-Party Lawsuits for Texas Workplace Injuries

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Most employees who experience a Texas work injury are already aware of the availability of benefits through the workers’ compensation program (a state-regulated insurance program that will pay medical bills and a portion of lost wages). Many workers are not aware, however, that in certain situations, additional recovery may be available through a third-party lawsuit.

Who Can I Sue for My Texas Work Injury?

Employees generally are unable to sue their employers for workplace injuries, assuming the employer chooses to provide worker’s compensation insurance. However, if your injury was caused by a third party (other than you or your employer), you may be able to sue them. Some common targets of third-party lawsuits are:

  • Manufacturers of dangerous or defective equipment that led to your injury.
  • Another driver who caused an accident while you were driving as part of your job duties.
  • Subcontractors whose negligence at a construction site caused your injury.

What’s the Difference Between Workers’ Comp and Third-Party Lawsuits?

Texas workers’ compensation laws cap the amount you can receive, so if your injury is serious or leads to a permanent disability, the amount you receive through workers’ compensation may fall far short of your actual costs. Additionally, workers’ compensation does not allow you to recover damages for pain and suffering; a third-party lawsuit does. If both options are available, a third-party lawsuit is generally more likely to get you the full amount to which your injuries entitle you.

Texas Work Injury Lawyer Dean Malone Can Help

– Guest Contributor

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Written By: author image Dean Malone
author image Dean Malone
Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.