A Workplace Injury May Be More Than a Workers’ Comp Claim
After a serious workplace accident, many injured workers are told to simply file workers’ compensation. But in Texas, that may not be the full story.
Depending on how the injury happened, you may have a claim against a third party — meaning someone other than your direct employer. This could include another contractor, a trucking company, a property owner, a maintenance company, or a manufacturer of defective equipment.
Attorney Jessica Rodriguez-Wahlquist helps injured Texans understand whether they may have a third-party personal injury claim after a serious jobsite accident.
What Is a Third-Party Workplace Injury Claim?
A third-party claim may apply when another person or company caused or contributed to your injury.
Examples include:
- A subcontractor creates an unsafe condition
- A commercial driver hits a worker
- Defective equipment causes an injury
- A maintenance company fails to repair machinery
- A property owner ignores a dangerous hazard
- A contractor violates safety procedures
- A negligent company causes an explosion, fall, or crush injury
These cases can be especially important because a third-party claim may allow an injured worker to pursue damages that workers’ compensation may not fully cover.
Common Workplace Injuries
Serious workplace accidents can cause:
- Traumatic brain injuries
- Spinal cord injuries
- Herniated discs
- Fractures
- Crush injuries
- Burns
- Amputations
- Eye injuries
- Nerve damage
- Tendon or ligament tears
- Internal injuries
- Chronic pain
- Permanent impairment
- Psychological trauma
Some workers are left unable to return to the same job, work the same hours, or earn the same income they had before the accident.
Industries Where Third-Party Claims Often Happen
Third-party injury claims are common in:
- Oilfield work
- Construction
- Refineries and plants
- Trucking
- Warehousing
- Manufacturing
- Road construction
- Industrial maintenance
- Commercial delivery
The key question is who had control, who created the hazard, who failed to fix it, and who had the power to prevent the injury.
Evidence That Can Help Your Case
Important evidence may include:
- Incident reports
- Photos and videos
- Witness statements
- Equipment involved in the injury
- Maintenance records
- Training records
- Safety policies
- Contractor agreements
- OSHA records
- Medical records
- Work restriction notes
- Pay records
Do not assume the company’s version of the accident is complete. An independent investigation may reveal preventable safety failures.
Get Justice with Jessica
If you were seriously injured at work, do not accept quick answers from the company or insurance carrier without knowing your rights.
Contact Attorney Jessica Rodriguez-Wahlquist today for a free consultation. Get Justice with Jessica.
