Tuesday, September 25th, 2018
The state of Texas does not require employers in most cases to purchase a workers compensation policy. Still, many Houston employers do purchase the coverage because if the policy is in place when an accident occurs there will be benefits to the employee and to them.
The employee will have coverage for medical bills related to the work injury and a replacement wage paid until the employee returns. If the coverage is in place when an accident happens, the policy will limit the amount of liability for the employer if an employee sues for damages. Certain accidents including one caused by gross negligence that leads to the death of the employee may not have their liability limited but by and large an injury will have to be caused by someone other than the employer for a lawsuit to be taken up by an employee.
Each case is different but when an employee is injured by a third party while working or harmed by a defective product, they can bring a third party suit against the manufacturer of that product. Since that manufacturer is not covered by the employer’s liability limits on the worker’s compensation policy, the suit will be heard in a court of law.
There are many examples of how this may happen. Scaffolds or ladders that are poorly manufactured, trucks that may not be functioning properly, or a malfunctioning alarm or warning system in a large piece of equipment that hurts an employee are all able to be brought to task by the product liability attorney. Any chemicals not mixed properly before being brought to the job site that causes an explosion or fire can be the manufacturer’s responsibility and not your employers too.
In Houston the product liability team at the Lassiter Law firm is willing to discuss any work-related accident with you. You have a right to meet with us even if your employer has a policy in effect and you want to be sure everything is being done to make you whole again.