El Campo TX Third Party Construction Site Accidents | Carabin Shaw Attorneys

Understanding third-party liability in an El Campo, Texas, construction site accident ensures that victims receive the maximum compensation for the injuries that they are entitled to. It may be possible for an injured worker to file both a workers’ compensation claim and a third-party lawsuit simultaneously, and third-party claims may yield more compensation for damages. Hiring a personal injury attorney will help you to get comprehensive coverage for your losses.

The El Campo lawyers at Carabin Shaw are skilled at negotiating construction site accident settlements, and we can help you hold at-fault parties liable for your losses. Call our toll-free number at 1-800-862-1260 to schedule a free case review. Someone is available to speak with you 24/7, and we offer our services on a contingency-fee-basis.

In any personal injury lawsuit, liability is based on the tort of negligence. Negligence in construction accidents requires five components:

1. Duty of care: The legal requirement to exercise reasonable caution.
2. Breach of duty: Failure to act with reasonable care.
3. Harm: Bodily injury or property damage.
4. Proximate cause: The cause of harm to the injured victim.
5. In-fact cause: The harm wouldn’t have occurred without the defendant’s negligence.

Employers are shielded from liability by workers’ compensation insurance, and co-workers are typically covered under the employer’s vicarious liability. Therefore, third parties may be the only option injured workers have to file a work injury lawsuit.

Potential third parties in an El Campo TX construction accident include:

• Subcontractors
• Non-workers passing through the worksite
• Inspectors
• Engineers or architects
• Property owners
• Equipment or material manufacturers
• Maintenance companies
• Government agencies

Your attorney will help you thoroughly investigate your accident and identify all liable parties so you can pursue your legal options to the fullest extent. It is possible to hold more than one party liable for your injuries. Still, it is best to discuss your accident with a professional as soon as possible to identify any and all negligent parties.

According to the Texas Workers’ Compensation Act, you can file a third-party liability lawsuit at the same time as a workers’ compensation claim in El Campo, Texas. This allows injured workers to collect workers’ comp benefits while pursuing a lawsuit and prevents medical care delays.

The sooner you can call a lawyer to help you with your workers’ compensation claim and personal injury lawsuit, the better. This improves evidence collection, which can be instrumental in proving fault. It also ensures that plaintiffs avoid costly mistakes that can reduce or eliminate their compensation.

Third-party liability claims and workers’ compensation claims offer different benefits. While workers’ compensation claims only provide medical, income, and death benefits, lawsuits add noneconomic losses like pain and suffering. A liability claim may produce higher compensation than workers’ compensation alone, which is why some work injury attorneys in El Campo TX recommend it.

Filing two claims does not mean that a plaintiff receives duplicate compensation. The workers’ compensation insurance company can subrogate damages and reimburse for previously delivered benefits, which is a significant factor in determining whether a third-party claim is worth it.

Because workers' compensation insurance is limited, a third-party construction site accident may provide an opportunity for better compensation than one covered by an employer’s vicarious liability. Understanding potential third-party identities and how to prove their negligence is essential to creating a compelling case. The legal team at Carabin Shaw has decades of experience helping injured workers get fair compensation.

Call our office today at 1-800-862-1260 to speak with a professional who can schedule your free case review. We have English- and Spanish-speaking staff for your convenience. At Carabin Shaw, our clients must understand the legal process to make sound decisions, and we do everything we can to provide open communication and compassionate service.

For more information:

• Negligence
• Labor Code
• Civil Practice and Remedies Code