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A business entity has the duty to keep their premises safe for employees and visitors to the property. Consider this scenario: a Dallas business hired a security firm to look out for and protect the workers and guests of their business. One day, however, an incident occurred on the business property – an attack on one of the workers. It could have been a mugging, theft, rape, assault or other aggressive crime. Who is responsible for this worker’s pain, injuries, and suffering? Is the security firm liable? Or is the Dallas business to be held accountable? Another issue is whether Worker’s Compensation is responsible for the expenses.
What Expenses Are Covered, and by Whom?
The harmed party may seek compensation for the following in a personal injury lawsuit:
- Medical aid, medication, medical expenses – past and future
- Hospital and doctor bills – past and future
- Loss of income – past and future
- Loss of earning capacity – past and future
- Pain and suffering – past and future
- Mental anguish – past and future
- Loss of ability to enjoy life
- Past and future physical impairment
- Physical disfigurement – scars, loss of limbs, burns
- Loss of consortium, comfort, love and society, services
Workers’ Compensation – Are They Liable?
“An injury is compensable under the Texas Worker’s Compensation Program if the injury occurs within the course and scope of employment.” This means that the activity would have to be relevant to the form of work or trade or profession currently performed by the business and directed by the supervisor.
Note that the injury will not be covered by Workers’ Compensation if “it arose out of an act of a third person intended to injure the employee of a personal reason and not directed at the employee as an employee or because of the employment.” (Sec 406.032, Texas Labor Code). These are essential questions to be examined during the investigation and prosecution of the case.
Is the Security Company Liable?
The business hired the security company to provide security services to the employers, employees, and property of the business site. The security company had a duty to protect the premises and the employers and employers. By not properly providing those services and by allowing an avoidable injury to occur, they breached their duty.
As a result of their breach, the attack occurred and causation can be established. The security company would be liable for any payments of medical expenses and other expenses due to their breach. Additionally, any payments made by Workers’ Compensation would be reimbursable by the security company through the process of subrogation.
A Personal Injury Attorney Can Help Guide You Through This Process:
If you were injured while at work, it is essential that you obtain full compensation for your injuries, medical expenses, loss of income, loss of future earning capacity, and many other damages that you would be entitled to. The experienced and qualified Personal Injury Lawyers at Juan Hernandez Law P.C. can help you through this complicated process. It is recommended that you obtain a personal injury attorney at the earliest possible time while events are still fresh in your mind and while you are able to remember all the details of the incident that occurred.
At Juan Hernandez Law, we can help you file the necessary claims and ensure that you receive all of the compensation to which you are entitled. If you have been mugged, assaulted, raped, or attacked while at work, it is critical that you contact one of our experienced Dallas workplace crime lawyers immediately. We will fight the tough fight—so you can focus on your recovery. Call us today for a FREE CONSULTATION.