In the Dallas/Fort Worth Metroplex, attorney Roxane M. Guerrero and the Guerrero Law Office can help you if you have been injured on the job in a work-related accident. As a personal injury and wrongful death lawyer with over 25 years of experience in the practice of law, Ms. Guerrero can help you whether your employer is outside of the workers’ compensation system, or if your injuries are attributable to a third party.
Some companies have chosen not to participate in the workers’ compensation system. These employers may feel that they cannot afford workers’ compensation insurance, or that the nature of their business is such that the risk of injury is low. When a workplace accident does occur in such a non-subscriber company, however, the business may be liable to the injured worker for the damages caused.
Claims against employers who are non-subscribers proceed in much the same way as other personal injury and wrongful death claims. If the injury was caused by the negligent or wrongful act or omission of the company, then the injured party may be able to recover for the damages caused, including medical expenses, lost wages, pain and suffering, and other damages available under Texas law.
Even if the employer is in the workers’ compensation system, the accident or injury may be attributed to a third party not under the employer’s control. For instance, an accident may be caused by a fall from a defective ladder or the use of a piece of defective equipment, giving rise to a products liability claim. Construction site accidents are often caused by third parties, with many different parties driving on-site and being responsible for different parts of the project, from constructing scaffolding to installing electrical wiring. Also, an employee may be involved in an automobile or trucking accident while off the employer’s premises but still within the scope of the employee’s duty, such as making deliveries, picking up supplies, or going out on a sales call.
In any of these instances, the injured person may be able to recover from the negligent party, regardless of whether or not the employer is covered by workers’ compensation or a claim is being simultaneously pursued against the employer.
Seek Experienced Legal Representation
Even an employer who does not purchase workers’ compensation insurance may still be covered under the workers’ comp system, such as through self-insurance. Make sure that you obtain representation from an experienced attorney who understands the proper legal channels that you must go through in order to be successful with your claim. In Denton, Dallas, and Tarrant County, and throughout North Central Texas, contact the Guerrero Law Office for a free consultation regarding an on-the-job or workplace injury.