Retail jobs may not be as high-risk as those in other industries, but workers can still be seriously injured in stores or stockrooms. Depending on the situation, the injured person could be limited to filing a workers’ compensation claim, or they could have the option to sue a third-party who contributed to their injury. Third-party liability settlements in a Kohl’s work injury claim in Houston can pay out more than workers’ compensation. If you think a third-party may be liable for your Kohl’s workplace accident, a seasoned work accident attorney can help you determine whether you have grounds for a lawsuit.
What Is the Difference Between a Settlement and Workers Compensation?
In most cases around the country, when an employee is injured at work, they cannot sue their employer, whether that employer is Kohl’s or any other company. Instead, they need to file a workers’ compensation claim. Workers’ compensation pays for medical bills and a portion of lost wages, but it does not cover anything outside of this like pain and suffering. However, the benefit of workers’ compensation is that the injured employee does not need to prove that their employer or anyone else was negligent. In Texas, employers are allowed to forego workers’ comp, and risk being named in a lawsuit.
Sometimes a third party is responsible for a workplace injury. For example, if a piece of faulty equipment or an outside contractor is involved, another company or individual could be responsible and the injured person could sue that person. Most lawsuits settle before going to court.
A third-party liability settlement can cover medical bills and lost wages, as well as compensation for intangible losses like physical pain, emotional distress, or loss of enjoyment of life. Depending on the circumstances, this can mean significantly more compensation for the injured employee. However, the injured Kohl’s worker needs to prove that the third party was legally responsible, so the legal process can be more complicated.
When Can an Injured Person Sue After a Work Injury at Kohl’s?
If someone other than the employer is fully or partially responsible for an employee’s injury, the employee could be able to sue that person or company. For example, if an employee is stocking shelves using a ladder and the ladder collapses because of a manufacturing defect, the manufacturer could be liable for selling a faulty product. Texas Civil Practice and Remedies Code Chapter 82 outlines the requirements for this type of lawsuit.
For a successful claim, the injured worker would need to prove that the product was in the same condition that the manufacturer sent it out in and that they were using it as intended. They do not need to prove that the manufacturer was negligent because manufacturers are automatically expected to sell safe products. Third-party liability can also come up if, for example, an outside company unloads deliveries and one of its employees causes an injury by failing to follow safety procedures.
Discuss Your Kohl’s Work Injury Settlement With a Houston Lawyer Today
A serious work injury can leave you with major medical bills and lasting pain. If a third party was responsible for your injury, you may be able to file a lawsuit. Settlements in a Kohl’s work injury claim in Houston are the most common outcome. Schechter, Shaffer & Harris will help you determine how to move forward. Contact us to discuss your case today.
