Industrial Accidents

Third-Party Claims.

Workers' comp may bar a suit against your employer, but not against everyone else on the site.

If workers' compensation covers your employer, it can bar a suit against that employer. It does nothing to protect everyone else whose negligence put you in the hospital.

Industrial sites are crowded with companies. A single job can involve the plant operator, a general contractor, a dozen subcontractors, staffing agencies, equipment manufacturers, and the property owner. When your own employer carries workers' compensation, that system may be your only remedy against the employer, but it leaves untouched your right to sue any of those other companies whose negligence caused the injury.

This matters because a third-party claim recovers what workers' compensation does not: the full measure of pain, disfigurement, lost earning capacity, and the future the injury took. The work is in the untangling, identifying every company on the site, mapping who controlled what, and finding the negligence that actually caused the harm. It is often where the real recovery in an industrial case is found.

From The Night Docket

On cause and responsibility:

Proximate Cause
Connecting a company's negligence to the injury it caused.
Custom
Industry practice, and how it frames what a company should have done.
Common Questions
What is a third-party claim in a work injury case?
It is a claim against a company other than your employer, such as a contractor, manufacturer, or property owner, whose negligence caused your injury. It can proceed even when workers' compensation covers your employer.
Why bring a third-party claim if I have workers' comp?
Because workers' compensation pays limited benefits and does not cover the full harm. A third-party claim against a negligent non-employer can recover pain, disfigurement, lost earning capacity, and other damages comp does not.

Tell me what happened.

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Contact Orlando Rodriguez

(713) 239-2300