Construction Site Injuries

Understanding Third Party Claims

The Carabin & Shaw Firm is an Texas Based Law Firm whose practice includes construction injury accident claims, oil field claims, home maintenance claims and for those workers injured on or off of a jobsite. Many of our clients suffer injuries while at a workplace in a construction or service industry setting.  Our Law Firm handles construction site injury losses and on the job accident cases, all over the state of Texas.  Our Law Firm is based in San Antonio, Texas and our Firm also has branch offices across the State.  We represent those individuals involved in accidents involving cranes, derricks, shoring and trenching, trips and falls, scissor lifts, scaffolding, falls from raised surfaces, falls caused by unsecured or improper job site settings, fall restraint, tie off, ladders, electrical and other serious construction injury claims, including claims involving OSHA violations by general contractors, subcontractors and/or employers on a job site.

At any point in time there can be numerous trades on a construction site, one trade or even the general contractor may accidentally cause another worker from a different trade to be seriously injured. This is called a third party claim. The injured worker can bring a workers compensation claim but may be able to file a lawsuit against the "third Party" who caused the accident to recover compensation for pain and suffering, mental anguish and other damages because of the negligence of another contractor or subcontractor or delivery person or other party that caused an accident at a work site or on a job or construction site.

If a worker is injured in the work place, he may file a worker's compensation claim. But it is also important to understand that the injured person may also have a "third party claim."

An injured worker not only has a right to file a worker's compensation claim but he may also have a viable "third party claim" to recover damages against the negligent contractor, subcontractor or independent trade. This would be a claim against a negligent company or it's employee on a job site which caused the worker's injury. The injured worker may file a third party claim against the employer of the negligent worker. Our Law Firm handles third party claims for injured workers.

In most situations the injured worker may not bring a third party claim against his or her own employer. However, it is very important to understand that an injured worker may recover general damages on a third party claim on top of and in addition to a recovery of his or her full worker's compensation benefits.

The election or decision to bring a third party claim will not compromise or affect your right to receive complete workers' compensation benefits. It would thus be simply a bad decision not to hire an attorney and pursue a third party claim if one exists.  Now it is understood that some cases are no ones fault but ones own.  However it is in your best interest to allow an attorney help you evaluate if a "third party" is also the cause or partial cause of the loss. 

Calling our Law Firm is Free.  Having our Law Firm review your case is Free. Call us toll free at 1.800.862.1260.

A individual who elects to bring a third party claim does not give up his right to worker's compensation benefits for wage loss, medical expenses, vocational retraining, and any other benefits are provided. Thus all workers who are injured, by reason of the fault of another, other than a fellow employee, to bring a third party claim. This will allow the injured worker to RECOVER the FULL financial compensation he or she deserves.

Workers compensation benefits will not typically make an injured worker whole, whereas through a third party claim, the injured worker can be fully compensated. A third party claim allows the injured worker to RECOVER general damages for your pain and suffering, inconvenience, loss of opportunity to enjoy life, loss of and including the companionship of family members, loss of services, emotional and psychological distress, death, disability, permanent injuries, dismemberment, and other damages.

If you were injured by the negligence of another while on the job or on the clock, call our Law Firm today for a free consultation and case evaluation to determine if you have a third party claim. You pay nothing for attorney's fees unless recover money for you and there is no money or expense of any kind up front. We can be reached at 1 1.800.862.1260, or email at jshaw@carabinshaw.com

Contact us to set an in-person meeting at a mutually convenient time and location, at the hospital, your home or at a location near you, call us today, we can help.