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Blogs 2017 November Who Do I Sue If I Was Injured on the Job?
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Who Do I Sue If I Was Injured on the Job?

Posted By Law Office of James M. Stanley || 6-Nov-2017

When a worker suffers an injury on the job, he or she can file a workers’ compensation claim. These benefits are awarded without the need to prove an employer was at fault.

However, there are some cases where an injured worker can also file a third-party liability claim. “Third-party liability” is defined as a bodily injury caused to a person due to the negligence or recklessness of a third party’s actions or omissions.

How Can a Third Party Be At Fault?

Third-party liability arises when a person or entity that is separate from the employer causes an accident in the workplace. For example, if a worker is obligated to drive for work, and a drunk truck driver crashes into him, the worker can recover workers’ compensation benefits, as well as sue the truck driver and the trucking company for additional damages. Similarly, if a worker suffers injuries due to a defective product, he or she might be able to file a third-party claim against the product manufacturer.

Most workers’ compensation payments are minimal. It is possible that an injured worker may not be able to recover enough compensation to completely cover his or her medical bills and loss of income through workers’ comp alone. Furthermore, workers’ comp doesn’t cover pain and suffering, as well as punitive damages.

Proving Third-Party Negligence

To prove a third party’s negligence, the plaintiff must prove duty, breach of duty, causation, and damages. However, if the plaintiff files a claim against a product manufacturer, there is a possibility to file a strict liability claim in which the product manufacturer can be held responsible by proving a defect was present and that it caused the plaintiff’s injury.

For more information, contact our Fort Worth personal injury attorney at the Law Office of James M. Stanley today.

Categories: Personal Injury

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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