Industrial accidents are common in Texas, where industries like oil and gas, manufacturing, and construction dominate the workforce. When workers are injured on the job, they typically turn to workers’ compensation for medical expenses and lost wages. However, workers’ compensation may not fully cover all damages, especially severe injuries.
If a third party, such as a contractor, equipment manufacturer, or another entity, contributed to the accident, the injured worker may have the right to file a third-party injury claim for additional compensation.
At Hollingsworth Law Firm, our Houston personal injury attorneys help industrial workers pursue third-party claims to secure the compensation they deserve.
What Is a Third-Party Injury Claim?
A third-party claim is a personal injury lawsuit filed against a party other than the employer whose negligence contributed to a workplace accident. Unlike workers’ compensation, which limits recovery to medical expenses and lost wages, a third-party claim allows injured workers to seek full compensation, including pain and suffering, future medical costs, and emotional distress.
Who Can Be Held Liable in a Third-Party Claim?
Various third parties may be responsible for industrial accidents, including:
- Equipment or Machinery Manufacturers – Defective or poorly designed tools, machinery, or safety equipment can lead to serious injuries.
- Contractors and Subcontractors – Many industrial sites involve multiple companies working together. If a non-employer contractor causes an accident, they may be held liable.
- Property Owners – If an injury occurs on a site due to hazardous conditions, the property owner may be responsible for failing to maintain a safe environment.
- Negligent Drivers – If a worker is injured in a work-related vehicle accident caused by another driver, they can file a third-party claim against that driver’s insurance.
Steps to Filing a Third-Party Injury Claim
If you’ve been injured in an industrial accident, taking the proper steps is crucial to protect your claim and maximize compensation:
- Report the Injury
Notify your employer about the accident as soon as possible. Keep a written record of the incident.
- Seek Immediate Medical Attention
Your health is the top priority. A medical evaluation will also document your injuries, which is crucial for your claim.
- Gather Evidence
Take photos of the accident scene, defective equipment, and hazardous conditions. Collect witness statements from co-workers or bystanders. Secure any available surveillance footage that captured the incident.
- Identify the Responsible Party
Work with an attorney to investigate whether a third party’s negligence contributed to the accident. We can review safety records, maintenance logs, and prior complaints against potential third parties.
- File a Personal Injury Claim
Unlike workers’ compensation, a third-party claim is filed in civil court. Our attorney will negotiate with insurance companies or, if necessary, take your case to trial.
Also, unlike workers’ compensation, which limits benefits, a third-party claim allows workers to seek full financial recovery, including:
- Past and Future medical expenses.
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Emotional distress.
- Punitive damages in cases of extreme negligence.
How Hollingsworth Law Firm Can Help
Filing a third-party claim after an industrial accident can be complex. Companies and insurance providers often deny responsibility or attempt to minimize payouts. At Hollingsworth Law Firm, we fight to ensure injured Houston workers receive the maximum compensation they deserve. If you or a loved one has suffered a serious workplace injury, call 713-637-4560 or contact us online today for a free consultation to discuss your legal options.
Our skilled Harris County personal injury attorneys and bilingual team proudly serve clients across Texas. We work on a contingency fee basis, so you pay nothing unless we win your case. When you’re ready to seek justice and fair compensation, we’re here to guide and support you.
