Workplace Accidents

Injuries occurring on the job often result in a number of practical and legal issues that must be handled properly in order to help the injured worker recover, take care of his family, and get back to work in some capacity.

In the first instance, it has to be determined whether state workers' compensation benefits are available from the employer. If not, then a direct action against the employer can often be prosecuted. If workers' compensation benefits are available from the employer, then this may be the workers' exclusive remedy against his employer. In that case, the question becomes: "Was anyone else responsible for this accident?" If so, then a third-party case may be put together against the other person or entity.

In the third-party case, many issues usually have to be addressed: Who has to pay for the third-party's negligence (i.e., often, the employer or someone else has a legal obligation to "indemnify" the negligent third-party)? Does the workers' compensation lien have to be repaid and, if so, how much? Are there any legal obstacles to recovery? (For example, in Texas, the general contractor is not liable for injury to a subcontractor's employee unless the general contractor had "control" of the details of the work being performed at the time of the incident.)

The attorneys at Brunkenhoefer, Almaraz & Turman have extensive knowledge of the legal and practical issues that must be addressed in successfully prosecuting third-party claims against those who have caused or contributed to the injury or death you or your loved one have suffered.