Texas Third-Party Workplace Injury Lawyer: When Can You Sue Someone Other Than Your Employer?

Seeking compensation for a Texas work injury can be confusing, especially when an employer does not carry workers’ compensation insurance. Because Texas does not require private employers to carry coverage, an injured worker must prove negligence to recover damages. Third parties may also be liable for workplace injuries, making it important to understand when you can pursue a claim against someone other than your employer. A local lawyer can help you identify all potentially responsible parties and determine your legal options.

The Texas work injury lawyers at Carabin Shaw understand the intricacies of work injury law in the Lone Star State—we’ve helped victims get justice for over thirty years. We help our clients protect their rights and get the compensation they need after a serious work accident. Call our toll-free number at 1-800-862-1260 or contact us online to schedule a free case review. Ultimately, pursuing compensation costs you nothing. At Carabin Shaw, you pay nothing unless we win your case.

A third party in a work injury is someone other than the employer. Third parties are not protected by workers’ compensation insurance, so you can file a lawsuit against them or submit a claim to their insurance if their negligence caused your injuries, or if they are otherwise liable for those injuries. The legal team at Carabin Shaw can help you identify who is liable for a workplace injury in Texas, so you can pursue a third-party claim if applicable to your case.

Examples of third parties that might be involved in a workplace injury include:

• Equipment manufacturers
• Property owners
• Contractors or subcontractors
• Suppliers
• Maintenance companies

Once hired, a Texas workplace injury lawyer will investigate your work accident and determine if a third party is responsible. For example, a maintenance company might be responsible for equipment breakdown. Similarly, a subcontractor electrician may be responsible for injuries caused by an exposed wire. If a third party was legally responsible for your injuries, a lawyer can help you pursue a claim against them.

If an employer carries workers’ compensation insurance, injured workers can file a claim regardless of whether a third party was at fault. One of the advantages of workers’ compensation is that it is no-fault insurance, meaning you can file a claim and collect benefits without blaming anyone for your injuries. The Workers’ Compensation Act prevents you from being able to hire a lawyer to sue your employer in most cases, but there are exceptions. It also does not prevent you from suing third parties.

When an employee collects workers’ compensation benefits in addition to a settlement or judgment from a third party, they don’t get to keep duplicate compensation. Workers’ compensation insurance companies have the right to subrogate their losses, meaning they get to recoup the benefits they paid. A Texas third-party workplace injury lawyer will explain this in more detail.

Aside from holding at-fault parties accountable for their negligence, a third-party lawsuit has the benefit of more comprehensive compensation. Your attorney can help you pursue the following workers’ compensation benefits:

• Income
• Medical
• Burial
• Death

However, the compensatory damages available in a personal injury claim against a third party include:

• Medical expenses
• Lost income and benefits
• Physical pain and suffering
• Mental anguish
• Disfigurement
• Loss of consortium

Your attorney may recommend pursuing a third-party claim, so you can get full compensation for your damages. In cases of gross negligence, the court may also award exemplary (punitive) damages.

After a work accident, you may ask, “Can I sue someone other than my employer for a work injury in Texas?” In some cases, you can sue a third party. At Carabin Shaw, we help you understand when you have that option. Read our law firm’s client reviews to find out how we’ve helped clients like you to successfully seek compensation for their work injuries.

Call 1-800-862-1260 or contact us online today to schedule a free case review. Someone is available to speak with you 24/7 in English or Spanish.

For more information:

• ADVISORY 2004-02
• Workers' compensation income and medical benefits
• Texas Statutes 41