When Texas Workplace Accidents Merit Personal Injury Lawsuits
In many instances, the expenses stemming from a workplace accident in Texas will be addressed through the company’s workers’ compensation insurance policy. According to the Texas Department of Insurance, both medical costs and lost income may be replaced when someone suffers and on-the-job injury.
These situations typically involve situations that are purely accidental, such as someone getting injured while operating machinery, falling from a ladder or simply overusing certain muscles or joints due to the nature of the job. However, if there is negligence involved in the incident, the injured may have the grounds to file a lawsuit.
The following are examples of situations that may constitute such a claim:
- A toxic substance at work causes injury or illness, giving the victim grounds to bring a toxic tort lawsuit against the company that manufactured the substance.
- A defective product caused the injury, which could result in a product liability lawsuit.
- The worker is in a car accident while performing a job-related duty and the other driver is responsible for the wreck.
Under the Texas Workers’ Compensation Act, private companies are not required to carry workers’ compensation insurance. An injured worker who is employed at a business that lacks the coverage may be able to file a lawsuit against the company if the incident stemmed from the company’s negligence. If a company does carry the insurance, an injured worker is not permitted to file a lawsuit against the business.
Whenever a third party’s negligence is the driving factor behind the incident, a lawsuit may be possible. The injured worker will have to prove that the defendant failed on its legal obligation or duty to the worker. Further, that failure will have to be the direct cause of the injury, which must have caused damages for which the worker could be compensated.
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