The Route to Injury Compensation After a Negligent Construction Trench Collapse
There are two possible avenues to receiving injury damages outside the purview of workers’ comp. However, one of these exceptions involves a worker’s fatality. The other allows the injured employee to file a suit against someone other than the subscribing employer, which is commonly known as a third-party lawsuit:
If your loved one’s trench collapse death occurred at work and the accident was a direct result of the employer’s gross negligence, then you as a surviving family member may file a wrongful death lawsuit: even against a subscriber to worker’s comp.
In many non-fatal cases, someone besides the employer (a “third-party”) may have done something negligent to cause the trench cave-in injury. If a faulty piece of machinery caused the injury, then the manufacturer may be held accountable through a defective product lawsuit. If the owner of the property did not provide safe working conditions, then he or she could be held accountable. If another employee or a visiting contractor or one of the contractor’s employees negligently caused the injury, they could be held accountable. Under such circumstances, you can sue the responsible party or parties, but not your subscribing employer. Experience and the ability to properly investigate the accident scene and the roles these third parties played in the mishap is vital in order to properly identify all of the responsible defendants and make them pay for the injuries they cause.
If you file a wrongful death lawsuit against your loved one’s employer, and our investigation of the trench collapse accident reveals that third-party contractors or subcontractors were also to blame, you have the additional right to file third-party wrongful death lawsuits against them as well.
A skillful work accident attorney with our Law Firm can devise a successful plan of attack for workplace injury cases that offer the best opportunity to secure fair compensation in a complex Texas work accident claim. Regardless of the ultimate result of the accident; whether it produced a wrongful death or not, third-party lawsuits often combine to secure the fair compensation amount, even if you cannot sue the workers’ comp subscribing employer.
An experienced Texas workplace accident lawyer with our Law Firm helps you deal with your challenging (and contentious) work-injury case. We have every bit of the necessary expertise to help injured workers (and grieving families) just like you, win the fair compensation they deserve for their medical bills, lost wages, pain, suffering, disability, and wrongful death.
Put our experience to work for you, today! If you want to know what your rights are, either as a surviving trench accident victim or as the surviving family members of one, how to proceed with your claim and how much compensation you can reasonably expect to secure, we can answer every one of your questions and share the likely strategy to produce the rightful compensation you have a right to claim. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.
Don’t let those who negligently caused your work accident injury to victimize you and your family even further.