Third-Party Liability in Texas Industrial and Refinery Accidents Explained | Top Work Injury Attorneys

Investigating liability after a Texas industrial accident can be difficult because of the complexity of the work site. The person responsible for the accident may be an employer, co-worker, or third party. A work injury lawyer must consider all relevant parties to make sure they hold the correct party accountable for damages.

The Texas accident attorneys at Carabin Shaw understand work injury law, and we can help you consider all your options when pursuing compensation for your injuries. You don’t have to worry about upfront legal fees when you hire our expert legal team because you pay nothing unless we win your case. Call any time, day or night, at 1-800-862-1260, or contact us online to book your free case evaluation now.

Industrial workers may understand the multifaceted tasks they and their co-workers must perform, but there are many people behind the scenes who can affect the safety of a work site. When these workers or companies are not employees of the refinery or worksite, they are third parties, which makes them susceptible to lawsuits.

A lawyer can file a claim against a third party because workers’ compensation insurance does not typically protect them from litigation. Examples of third parties on industrial work sites include:

• Vendors
• Subcontractors
• Inspectors
• Manufacturers
• Logistics providers
• Engineers
• Security

Following a refinery explosion or a heavy equipment industrial accident, third-party work injury claims hold parties responsible for their contribution to the accident. This can be for numerous reasons, from manufacturing faulty valves to failing to properly inspect equipment.

Third-party liability in refinery accidents is not always easy to prove. The streamlined nature of insurance claims and vicarious liability of employers makes workers’ compensation claims the go-to method for work injury compensation. However, filing a third-party claim can open the door to comprehensive compensation that covers all your losses.

Your attorney must prove that a third party either intentionally or negligently caused your injuries. The requirements for negligence are:

• Duty
• Breach of duty
• Injuries/Damages
• Causation

Therefore, if your attorney can prove that the third party had a duty to act in a certain way, and their failure to do so caused your injuries, you may have a successful claim.

You can file a workers’ compensation claim and a third-party injury claim at the same time. A Texas industrial accident lawyer can negotiate with workers’ compensation insurance companies to make sure you get medical and income benefits while pursuing the additional compensable damages that may be available in a civil lawsuit. However, this does not mean that your lawyer can pursue duplicate compensation.

If you win a third-party lawsuit, workers’ compensation has the right to seek reimbursement for the benefits they already provided. Your attorney may advise you to pursue a third-party claim because of the opportunity to collect compensation for noneconomic damages (i.e., pain and suffering) along with punitive damages in gross negligence cases. Hiring an experienced refinery injury attorney in Texas will help you to understand the best legal course of action for your situation.

At Carabin Shaw, we want the best outcomes for our clients, which is why we always consider the option to sue third parties for work injuries. Read our law firm’s client reviews to find out more about how we navigate the Texas legal system to help our clients gain financial recovery after an accident.

Contact us online or call toll-free at 1-800-862-1260 to schedule your FREE case review today! We have English- and Spanish-speaking staff available to speak with you.

For more information:

• Civil Practice and Remedies Code 33
• Cornell Law School
• Texas Department of Insurance