Work-Related Injuries in San Antonio: Understanding Third-Party Claims and Your Legal Options
Work-related accidents in San Antonio can have terrible consequences for injured workers. Medical expenses mount, income declines, and quality of life depreciates. While workers’ compensation benefits may offer some protection, if a third party was responsible for your injury, there could be additional compensation available through a personal injury claim or personal injury lawsuit. Receiving fair compensation for accident-related expenditures, lost earnings, and other financial losses requires filing this claim against the fault party.
As part of the legal process, you will be asked to disclose all pertinent details about the occurrence and the degree of your damages, including medical care received and emotional distress suffered. Personal injury lawyers recommend that you seek legal representation from experienced attorneys to effectively navigate the personal injury claims process, including negotiations with insurance companies, gathering witness statements, and potential court hearings.
At The Echavarria Law Firm, our team of San Antonio Personal Injury Lawyers is here to support you with your third-party claims. Our law firm specializes in a wide range of personal injury law areas, including construction accidents, offshore oil claims, house repair claims, and representing injured workers in the development or service industries. We provide high-quality legal services to accident victims throughout San Antonio and Bexar County, handling workplace injuries and injury damages suffered at work sites.
What Is a Third-Party Claim?
In personal injury law, a third-party claim arises when someone other than your employer is responsible for your workplace injury. For example, on a construction site in San Antonio, multiple professionals may be working simultaneously. If a subcontractor or construction manager negligently causes severe injuries to an employee from another company, the injury victim can pursue a third-party liability claim against the negligent parties.
A third-party claim involves three parties: the insured person (first party), the insurance company (second party), and the negligent third party responsible for the injury (third party). In this context, the injured worker files a personal injury claim against the liable parties who are not their employer or the workers’ compensation insurance carrier.
Liability claims are common types of third-party claims. For instance, in auto accidents or motorcycle accidents, if you are at fault for a crash and another driver or pedestrian is injured, they may file a personal injury lawsuit against you and your auto insurance policies to seek compensation for damages.
In such cases, the injury victim can file claims for compensation not covered by their own insurance policy, including medical expenses, lost wages, and non-economic damages like pain and suffering and emotional distress. The injured party may seek compensatory damages from the fault driver’s insurance company.
Various Types of Third-Party Claims
There are numerous work-related incidents that might give rise to a third-party lawsuit under personal injury law. Examples include:
Slip-and-Fall Accidents in San Antonio
Slip-and-fall accidents are common causes of workplace injuries. If you suffer a catastrophic injury due to the negligence of a property owner or maintenance company, who may not be your employer, you may file a third-party personal injury lawsuit against the fault parties accountable. Injured workers can seek additional compensation beyond workers’ compensation benefits to cover medical expenses, lost wages, and other financial losses.
Accidents at San Antonio Building Sites
Construction sites pose a high risk of injury, leading to severe injuries such as spinal cord injuries or traumatic brain injuries. If you are an injured worker at a building site in San Antonio, and a negligent party such as a subcontractor or equipment manufacturer caused your injury through a breach of duty of care, you may file a third-party liability claim to seek fair compensation.
Faulty Tools or Machinery in San Antonio
Defective products, faulty tools, or malfunctioning machinery can lead to catastrophic injuries in the workplace. Under strict liability laws, injured workers can file personal injury claims against the product manufacturers or liable parties responsible for the defective equipment. This legal action can help recover compensation for injuries, including medical care, lost wages, and non-economic damages.
Exposure to Toxic Substances
In addition to physical injuries, exposure to toxic substances in the workplace can lead to severe injuries and illnesses. Workers can pursue third-party claims against manufacturers or suppliers of dangerous materials to seek compensation for medical expenses and other damages.
Claim for Workers’ Compensation and Third-Party Lawsuits
When an injury victim sustains a workplace injury, they can file a workers’ compensation claim to receive compensation benefits, such as medical expenses and lost wages. However, it’s important to understand that injured workers may also have the right to pursue a third-party personal injury lawsuit. By filing a third-party claim, the injury victim can hold negligent parties accountable for their breach of duty. This legal action allows for seeking additional compensation, including punitive damages and non-economic damages for emotional distress and loss of consortium. At our law firm, our experienced attorneys handle third-party lawsuits on behalf of injured workers.
Benefits of Filing a Third-Party Lawsuit
While workers’ compensation laws generally prevent injured workers from suing their own employer, they can pursue legal action against third parties responsible for their injuries. Filing a third-party personal injury claim does not waive the injured worker’s right to receive workers’ compensation benefits for medical expenses, lost wages, and other advantages.
By pursuing a third-party lawsuit, the injury victim can seek additional compensation for damages not covered by workers’ compensation, such as punitive damages, non-economic damages for pain and suffering, emotional injury, loss of consortium, and loss of enjoyment of life. This allows the injured worker to receive fair compensation for the full extent of their severe injuries, which may include spinal cord injuries, internal injuries, or other catastrophic injuries. Our experienced lawyers can help you navigate this legal process to maximize your financial compensation.
Under Texas personal injury law, the comparative negligence rule applies, meaning that if the injured worker is partially at fault, their compensation may be reduced proportionally. Understanding the elements of negligence and establishing the fault of the negligent parties is crucial in securing fair compensation.
How to Manage the Claim Process
After you submit a personal injury claim, the insurance carriers involved will begin investigating the accident’s details. Insurance adjusters may request witness statements, accident reports, and medical records. This legal process can be complex and challenging, especially when dealing with compensation insurance companies and negotiations with insurance companies that may act in bad faith.
As insurance policyholders, injury victims may face challenges when dealing with insurance companies that act in bad faith. Our experienced bad faith insurance attorneys can assist in ensuring that insurance carriers honor their obligations under auto insurance policies and workers’ compensation insurance.
To protect your rights and ensure a favorable settlement, it’s crucial to seek legal representation from experienced attorneys. A skilled personal injury attorney from a reputable law firm can guide you through the personal injury claims process, handle communications with insurance companies, and advocate for fair compensation on your behalf.
Start Now by Requesting a Free Consultation
If you or a loved one has been injured due to the negligence of another party in San Antonio or Bexar County, don’t hesitate to contact our law firm. Our team of San Antonio Personal Injury Lawyers has decades of experience and combined experience in handling a wide range of personal injury cases, including workplace injuries, auto accidents, motorcycle accidents, pedestrian accidents, and wrongful death lawsuits.
We offer high-quality legal services on a contingency fee basis, meaning you pay no attorney fees unless we secure compensation for injuries on your behalf. Let our experienced attorneys guide you through the legal process and help you receive the maximum compensation you deserve.
Call us immediately to schedule a free consultation. We can meet at a convenient location for you, whether at our office, your home, or a nearby clinic. Let us provide the legal representation you need to hold fault parties accountable and protect your legal rights.
Contact The Echavarria Law Firm today at (210) 320-5633 for a free consultation.
