If you are injured in a workplace accident and your employer subscribes to workers’ compensation, then workers’ compensation benefits may be your only recourse. However, this is not always the case. There are times when an injured employee, even one who is covered by workers’ compensation, can still bring a personal injury claim after a workplace accident.
Here are four common situations where an injured worker may be able to bring a personal injury claim in addition to a workers’ compensation claim:
1. Your injury occurred on someone else’s property: In the course of their duties, employees sometimes have to perform work on remote job sites. For example, a delivery person spends much of their work day at places other than their employer’s premises. If you are injured in a workplace accident that occurred somewhere other than your employer’s place of business, then you may be able to bring a personal injury claim against the owner of the property where you were injured.
2. Your injury is the result of an intentional tort: If your employer had an actual intent to harm you, then you are not barred by workers’ compensation from bringing a personal injury claim directly against your employer.
3. Your injury was caused by a third party on your employer’s premises: Sometimes an employee’s injuries are caused by a third party who happens to be on their employer’s property. For instance, a worker could be hit by a delivery truck dropping off supplies or struck by an object dropped by a contractor performing maintenance work. In those cases, the injured worker may be able to pursue a personal injury claim against the third party and perhaps even the third party’s employer.
4. Your injury was caused by a malfunctioning or defective product: If you were injured by a tool or piece of equipment that was unreasonably dangerous or defective, then you may be able to bring a product liability suit against the manufacturer of that tool or piece of equipment. A product liability claim, in these cases, could be brought in addition to a workers’ compensation claim.
If you have been injured in a workplace accident, contact the Texas workplace accident attorneys of Fears | Nachawati today to learn more about your legal rights. To receive free legal advice, email us or phone us toll free at 1.866.322.6898.
