In Texas, jobsite accidents are often caused by employer negligence. Jobsite accidents can be caused by defective equipment, failure to train or supervise employees or a failure to warn employees of unsafe work conditions. Employers are required to provide employees with a safe work environment and failure to do so may be considered employer negligence. If a worker is injured on the job as a result of employer negligence he or she may be entitled to monetary damages.

Employer Relationships and Personal Injury Law

Employer-Employee Relationship.  

If you were an employee at the time of your on-the-job injury you will want to find out if your employer offered worker’s compensation insurance at the time of your accident. You can find this out through the Texas Department of Insurance website. Worker’s compensation insurance bars the employee’s right to bring a lawsuit for negligence. Instead, the employee must file a worker’s compensation claim for whatever benefits are available.

An exception to the worker’s compensation bar against lawsuits is when an employee is killed due to the employer’s gross negligence. In such a case a claim may be brought by the deceased employee’s spouse and children for exemplary damages.

Non-Subscribers.   If your employer does not have worker’s compensation insurance you may be able to sue for negligence. Texas law allows employers to choose not to offer worker’s compensation insurance and many have taken this option. These employers are referred to as non-subscribers and are responsible for their negligence in causing the employee’s injuries. A non-subscriber can not use the defense of the employee’ own contributory negligence or that they assumed the risk. Basically, if the non-subscribing employer is even 1% negligent it may be responsible for 100% of the employee’s damages.

Independent Contractor.  Many employers and workers believe they are in an independent contractor relationship when, legally, the injured worker is probably an employee for the purposes of a negligence case. The difference between being an employee versus an independent contractor could affect your case. The attorneys at Martin, Cukjati & Richman are experienced in discovering the facts that will help determine this important issue.

Third Party Liability.   Many accidents on a jobsite are caused by the negligence of another contractor or someone other than the injured person’s employer. In many of these cases you can bring a claim for negligence directly against the third party who caused the injury.

Product Liability.  Many tragic jobsite accidents are caused when a piece of equipment is defective or lacks crucial warnings.

The maker of a product may be held strictly liable for making a defective piece of equipment that caused injury or death. Attorneys at Martin, Cukjati & Richman will consider this possibility when we consider your case.

Contact Our San Antonio Law Firm

If you or a loved one has sustained a serious injury as the result of another person’s negligence, call our San Antonio law firm today at (210) 223-2627 or toll free at (888) 508-1110 or tell us about your case online by clicking on the “contact us” page.
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