Midland Work Injury Lawyer

A workers’ compensation claim, through your employer’s insurance, covers medical expenses and lost income for your occupational injuries. However, did you know that workers’ comp might not be the only claim you should be filing? You can file a third-party claim with the help of a Midland work injury lawyer to obtain more compensation for your work-related injuries. It allows you to pursue damages caused by a negligent third party, such as a manufacturer of faulty equipment that led to workplace injury.  According to Section 417.001 of the Texas Labor Code, you can seek compensation from a negligent third party in addition to your workers’ comp claim if you get injured while on duty. However, winning a third-party claim is about establishing how the sued party caused your occupational injury. This could mean a fierce battle in court.  A Midland work injury lawyer at Morrow & Sheppard LLP can fight on your behalf to pursue the compensation you’re entitled to in a third-party claim. Call us today at 800-489-2216 for a free consultation. A negligent party shouldn’t be able to get away with harming you.  Read on to better understand third-party claims, the process involved, and how to maximize your chances of getting the full compensation you truly deserve.

Understanding Third-Party Claims

The Law generally prohibits suing your employer for additional damages if you receive workers’ compensation benefits. However, you can pursue a third-party work injury claim when someone outside the organization causes your job-related wounds.  As the name suggests, you file the claim only if a third party caused your workplace injuries.

• First-party: You (the injured employee)
• Second-party: Your employer (company and its employees)
• Third-party: Anyone other than the employer or fellow workers

Examples of third parties that may cause workplace injuries:

• Manufacturer of defective equipment used on the job site
• An independent contractor operating machinery in the workplace
• Anyone in the workplace not employed by the company you work for

When a third party caused your work injury, it’s your right to pursue compensation, even if you’ve already received workers’ comp.

Types of Injuries That May Result in a Third-Party Claim

You may get injured in different circumstances, including maritime accidents, explosions & fires, oilfield disasters, and railroad accidents due to a negligent third party. Common injuries that may result in a third-party claim include:

• Post-Traumatic Stress Disorder (PTSD)
• Burns
• Eye injuries
• Lung damage
• Broken bones
• Hearing loss
• Head trauma

Why You Should File a Third-Party Claim, Even if You’ve Applied for Workers’ Compensation

Workers’ compensation allows you to claim financial benefits without proof of fault. While this makes things easier for an injured employee, workers’ comp won’t fully cover damages of job-related injuries. It only offers basic benefits, such as compensation for disability, lost wages, and medical bills. Workers’ comp doesn’t compensate employees fully for all damages.  On the other hand, a successful third-party claim is comprehensive. It includes the basic benefits from workers’ comp plus coverage for:

• Pain and suffering
• Emotional trauma
• Punitive damage (additional benefits on top of compensatory damages)

If you prove how a third party caused sustained damages, you get fully compensated for your work-related injuries.  A reliable Midland work injury lawyer can help you establish the negligence of the third-party responsible for your injuries. Because these claims are complex, you need an attorney to guide you through the legal system and help you pursue the compensation you’re entitled to.

Finding a Reliable and Experienced Midland Work Injury Lawyer

Job-related injuries are serious. They affect your ability to work and the overall quality of life, especially when they involve the eyes, legs, or head. For this reason, you must ensure your lawyer has what it takes to defend your case effectively.

Critical qualities to look for in a Midland work injury lawyer

• Excellent communication skills: They are critically necessary to argue a case and convince the court. The ability to convey information clearly and concisely is key.
• Knowledgeable in the field: Only choose a lawyer that specializes in the practice area specific to your needs. In this case, look for a reliable Midland personal injury lawyer who knows how to fight for your rights.
• Experienced: Being in the industry for many years suggests mastery of the justice system and the ability to fight fiercely on behalf of clients.
• Creative: An attorney who thinks outside the box can help create solutions you never even realized would be possible. Creative lawyers, like those at Morrow & Sheppard LLP, approach a case with an open mind and personalize their creativity to suit a specific situation.
• Professional: You want a work injury attorney that gets results. While there are no guarantees in a case, you want a lawyer that puts you in the best position to obtain the highest possible compensation.

To choose the right lawyer, ask about the cases the attorney generally handles. Have they handled cases like yours before? What’s more, check their prior experience and only hire a lawyer with the expertise to help you with the case.

The Third-Party Claim Process

Unlike workers’ comp claims, where you get benefits without proving fault, third-party claims require evidence proving responsibility for injuries. You must prove the following:

• The third party owed you a duty of care
• The third party breached the duty of care
• Negligence directly caused your injuries, which resulted in sustained damages

Gathering Evidence

Typical evidence in work injury cases includes:

• Witness statements
• Medical reports
• Video surveillance
• Injury report (forms you submitted to your employer after sustaining injury)

Filing a Lawsuit

You can sue the third-party responsible for injuries. However, The State of Texas has set deadlines for filing personal injury claims. A Midland work injury lawyer can help you file the lawsuit early to avoid losing the ability to pursue a third-party claim.