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Will a product liability issue prevent a workers’ comp claim?

On Behalf of | Aug 4, 2022 | Uncategorized

Liability in a personal injury case can be very straightforward, or it can be downright confusing. Sometimes, there are multiple insurance policies that overlap and mistakes by several different people that influenced the situation.

Determining who is liable can help you file insurance paperwork with the right company or can help you pursue justice by filing a lawsuit against the party truly responsible for your injuries. If you get hurt on the job in Texas, you can usually file a claim for workers’ compensation benefits.

You can count on those benefits to fully cover your medical costs and to replace enough of your lost income to at least help you meet your basic monthly bills. Do you still file a workers’ compensation claim if your injury was caused by a third party that manufactured or rented out defective products?

Workers’ compensation is your first line of defense

If the circumstances justify a claim for workers’ compensation benefits, seeking them is likely in your best interests. You simply have no way of knowing how long it may take to resolve the other claims that result from your injury.

Workers’ compensation benefits usually take effect quickly, and you can get medical care without needing to pay a co-pay at each visit or meet a deductible. You can then evaluate how strong of a claim you may have against the company that manufactured a defective product or rented a poorly-maintained or defective tool to your employer.

Even if the company recalled the product, it may still be vulnerable to a civil lawsuit or an insurance claim. The more directly you can connect the failure of a power tool or a piece of machinery with the injuries he suffered, the easier it will be for you to connect with insurance coverage or personal injury compensation.

Will workers’ compensation prevent a lawsuit or vice versa?

Texas law is quite clear. Those hurt by a third party at work have the right to claim workers’ compensation benefits in addition to pursuing a civil lawsuit against the outside party with liability. You may require help when making sense of the law and your rights given the circumstances of your injury, but the right help can make it easier to secure full compensation for your losses.

Learning more about personal injury claims and product liability rules in Texas will help prepare you to seek Justice when a poorly made or poorly designed product hurts you at work.