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Texas Third-Party Claims & Workers' Compensation

Filing a Third Party Claim After Suffering an Injury on the Job

Generally, employees are not allowed to sue their employers for injuries that are covered under workers' compensation.

There are exceptions to this rule:

  • A worker can sue if the employer has not purchased Workers' Compensation Insurance. Most states, however, do require that employers purchase insurance to cover workplace injuries.
  • A worker can sue an employer if his particular illness or injury is not covered under the Workers' Compensation laws of his state. For instance, mental stress trauma that may result from work-related duties may not be covered under the Workers' Compensation statutes of many states. In such cases, employers may not enjoy protection from lawsuits. However, the onus here is on the employee to prove negligence.
  • A worker can sue if the injury is a result of the intentionally negligent actions of the employer. For instance, many states now allow personal injury claims to be brought against employers if it can be proved that the employer was aware of the existence of a particular hazard in the workplace, and was aware that it posed a considerable danger to workers' health and safety, but allowed exposure anyway.

Whether or not these factors will apply in your specific case can be determined by an industrial injury attorney working on your behalf. Without experienced legal help, it's prohibitively difficult to quantify an exact claim amount. It's a common mistake, and one with potentially tragic consequences, to make conservative estimates and claims that barely take into account existing medical bills, lost wages, and other benefits.

Besides these, there are the long-term costs of an injury that you have to account for. There may be long-term effects of the injury or illness that require additional medical expenses later, including the need for specialized care and rehabilitation therapy. Because of your injury, it may take much longer to get back to work than you realize, and in the worst case, future employment in your field or others may be out of the question.

Third Party Liability for Personal Injury

In some instances, parties other than an employer may be held liable for personal injury claims. An example of this is in the construction industry, where there may be more than one company involved in a project, and more than one of these may share liability in the event of an injury.

Responsible parties may include the following:

  • Manufacturers of defective equipment or machinery
  • Companies that may be involved in the oversight of work
  • Architects who may be liable for the defective design of the site

If you have recently been involved in an industrial accident and are looking to file a personal injury claim relating to third party liability, it is in your best interests to contact Arnold & Itkin LLP. We have been able to recover billions of dollars on behalf of our clients. We know what is on the line, and we are prepared to go the distance in our efforts to provide our clients with the high-quality legal assistance that they truly deserve.

Want to know more about how we can help with your personal injury claim? Give us a call today at (888) 493-1629.

Case Results

Check Out Our Victories

  • $171Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $97Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
  • $44Million The Largest Verdict Ever Won for an Amputee Victim Arnold & Itkin represented a construction superintendent who required a leg amputation after a crane collapse. At the time of the collapse, our client had been standing behind a safety fence 100 feet away when a fallen piece of crane equipment pinned him down. Our firm got him the largest award ever given in a case involving loss of limb, including $8.5 million in punitive damages.
  • $39.7Million Record Verdict Won for Victim of Industrial Accident Attorneys Kyle Findley and Adam Lewis obtained a record $39.744 million verdict on behalf of a client who was burned in a severe dust fire and explosion at a plywood plant in Corrigan, TX.
  • $18.5Million Second Verdict Won for 4 Victims of Geismar Explosion In our second trial on behalf of victims of the 2013 plant explosion in Geismar, LA, Arnold & Itkin won a massive verdict for 4 workers and their families. The verdict will go toward providing the extensive care they have required in the years since the explosion as well as the care they will need for the rest of their lives. This was the second of 2 massive verdicts Arnold & Itkin won against Williams Companies, Inc.
  • $15.5Million Massive Verdict Won for Geismar Explosion Victims Arnold & Itkin won a landmark verdict against Williams Companies, Inc. and child company Williams Olefins LLC for their part in the 2013 explosion that killed 2 workers and injured over 100 more. Williams Companies tried to blame the incident on their limited liability shell company, but the jury saw through the defense. They awarded 95% of the blame to Williams Companies, Inc. and gave our clients the money they needed for medical care.
  • $13.7Million Massive Settlement Won Only Months After Injury Arnold & Itkin represented a plant worker who was seriously injured in an accident on the job. Plant injuries are often complex, taking years to fully investigate and litigate. Fortunately, our firm’s work was able to secure a multi-million dollar settlement mere months after the injury took place. Now our client’s medical expenses and other needs are taken care of for the rest of his life.
  • $12Million Injured Worker Received Settlement for Burn Injuries Our industrial injury lawyers have recently recovered $12 million on behalf of a plant worker who suffered burns when a safety valve failed at the refinery where he was employed. His settlement will go toward providing him with extensive and long-term medical care. His employer chose to settle his case two weeks before trial was set to begin.
  • $11.7Million Settlement Won for Plant Worker Injured During Turnaround Attorneys Kurt Arnold and Jason Itkin successfully recovered $11.75 million on behalf of a man who was injured while working a turnaround at an industrial plant. He was injured because he and his team were not informed of the plant’s dangers, and his family turned to Arnold & Itkin shortly afterward. Our team was able to get him money for his present and future medical expenses less than a year after he was injured.
  • $11.6Million Verdict Secured for a Worker Partially Blinded on the Job Our client was only offered $300,000 by the defendant for his near-total loss of sight in one eye, but the jury only deliberated for less than 2 days before they found the defendant guilty of defective equipment design. They gave our client an award of $11.6 million.
  • $4.97Million Settlement Reached for Orthopaedic Injury Victim Our team worked to represent a client who was severely injured while working at a chemical plant. He was performing construction and maintenance work at the time of the incident. In the end, our firm was successful in settling the case for $4.97 million.
  • $4.8Million Verdict Won for Bereaved Daughter Kurt Arnold recovered $4.8 million for a client whose father was killed after suffering a severe head injury in Port Arthur, Texas. Winning justice for grieving clients is a primary reason we became lawyers, and it's our honor to help clients like this one receive help.
  • $4Million Victim of Plant Explosion Received Millions in Settlement Arnold & Itkin attorneys represented a Mississippi man who was severely injured in a Texas refinery plant explosion. Cases like these require a high level of experience and investigative resources due to the myriad factors involved in a plant explosion. Our attorneys are proud to have helped our client receive a settlement of $4,000,000.
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