Most of the time, when a worker gets hurt on the job, they can apply for workers’ compensation benefits. Disability benefits and medical coverage are both highly beneficial to individuals injured on the job or diagnosed with a medical condition related to their career.
However, sometimes injured or sickened workers also need to look into a lawsuit. The no-fault nature of workers’ compensation coverage typically means that workers cannot sue their employer directly for their injuries. Workers may inside need to pursue a third-party claim.
Frequently, such claims involve defective machinery or tools that don’t function the way that they should and injure someone on a work site. Improper maintenance of equipment or facilities might also lead to a third-party lawsuit. When would a lawsuit against a business other than an employer be the right choice for someone hurt on the job?
When they have permanent medical consequences
Typically, workers’ compensation will do a fine job of supporting someone who will be away from work for a few weeks. However, it is not as useful for those with long-term injuries, and not all employers in Texas carry coverage.
Disability benefits will typically only cover up to two-thirds of someone’s average weekly wages. However, there is no guarantee of receiving two-thirds of someone’s average pay if they earn high wages typically. There is a state maximum benefit, and no matter how much money you earn, workers’ compensation won’t pay more than that limit.
If someone will permanently need to leave their job or change professions, a third-party lawsuit could help cover the remainder of someone’s lost wages.
When someone is a maritime employee
Typically, for a worker who has an offshore career to get compensation for a work injury, they have to file a lawsuit. The Jones Act does allow people to file civil claims based on overt negligence on the part of their employer. In a scenario where a worker gets hurt in a maritime environment because of a tool failure or similar issue, A supplier or manufacturer may be easier to hold accountable than the employer.
Injured workers often have to worry about numerous financial losses. Having the right information and support after you get hurt at work will make it easier for you to pursue a third-party claim or a workers’ compensation plan, possibly both.