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Can I file a third-party claim if I was in a Texas construction accident?
It depends. Texas workers' compensation law will generally prevent you from suing your employer, but if your injuries were caused by something related to a third party, you may have a case. This is pretty common in construction accidents because construction sites are known to be filled with a variety of subcontractors using equipment that may be owned or maintained by someone other than the employer.
Some people may think they can't file third-party claims if they are already receiving workers' compensation benefits, but if your injuries had nothing to do with your employer, you can generally file a claim against the party that caused your accident. For example, if you were driving a construction vehicle and got hit by another motorist who had nothing to do with your job, you could file a third-party claim against that person. Likewise, maybe your injuries can be attributed to a negligent safety inspector, defective manufacturing, the negligence of another subcontractor, or a company that failed to maintain equipment properly.
Being injured in a construction accident can result in major medical expenses, including treatment, rehabilitation, and disability accommodations. There are also lost wages and the potential that you may never be able to work again. Workers' compensation will usually help you out, but in some cases, it's not going to be enough.
If you were injured in a Texas construction accident and you'd like to find out what your legal options are, contact Austin lawyer Earl Straight at 512-454-1331. Also feel free to request a complimentary copy of his book, Texas Accident Law and You.