When Can You Sue a Third Party After a Construction Site Accident in Texas?
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Understanding Construction Site Third Party Claims in Texas Construction Accidents
Construction sites are complex environments. Multiple contractors, subcontractors, property owners, and equipment suppliers often work side by side. When a construction site accident happens, workers may assume their only option is workers’ compensation or a nonsubscriber claim against their employer. But in many cases, injured workers can also pursue third‑party liability claims—lawsuits against someone other than their direct employer. This is why it is important to discuss your options with a construction site injury lawyer.
At MLF Legal, we help injured construction workers across Texas identify every possible source of recovery, including construction site third‑party claims.
What Is a Third Party Claim in a Construction Accident?
Definition of a Third Party Claim
A third‑party claim is a lawsuit against a company or individual—other than your employer—whose negligence contributed to your injury.
Why Third Party Claims Matter
Workers’ comp benefits are limited, and nonsubscriber claims only apply to your employer. Third‑party claims allow you to recover full damages, including:
- Lost wages and future earning capacity
- Medical expenses
- Pain and suffering
- Punitive damages in cases of gross negligence
Common Situations Where Construction Site Third Party Claims Apply
Subcontractor Negligence
If a subcontractor creates unsafe conditions—such as failing to secure scaffolding or leaving hazards on the site—they may be held liable for resulting injuries.
Property Owner Liability
Property owners who fail to maintain safe premises or warn workers of hidden dangers can be sued under Texas premises liability law.
Defective Equipment or Machinery
When tools, safety gear, or heavy machinery malfunction due to design or manufacturing defects, injured workers may pursue claims against the manufacturer or distributor.
Negligent Drivers on Construction Sites
If a delivery truck or third‑party driver causes an accident on a job site, the driver and their employer may be responsible.
Check out our blog on common construction accidents in Texas for more information.
FAQ's Third Party Claims
A third‑party claim is a lawsuit against someone other than your employer—such as a subcontractor, property owner, or equipment manufacturer—whose negligence caused your injury.
Yes. Workers’ comp covers medical bills and partial wages, but you may also pursue a third‑party claim for additional damages like pain and suffering.
Subcontractors, property owners, equipment manufacturers, and negligent drivers are common third parties in Texas construction accident cases.
You may recover full lost wages, medical expenses, pain and suffering, and in some cases punitive damages.
These cases involve multiple companies and insurers. A lawyer ensures liability is properly investigated and your compensation is maximized.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
How Third Party Claims Differ From Workers’ Comp and Nonsubscriber Cases
Workers’ Compensation
- Provides limited benefits (medical care, partial wages).
- No pain and suffering damages.
- Protects employers from most lawsuits.
Nonsubscriber Employer Claims
- Apply when your employer doesn’t carry workers’ comp.
- Allow lawsuits directly against the employer.
- Employers lose certain defenses under Texas law.
Third‑Party Claims
- Target subcontractors, property owners, or manufacturers.
- Allow recovery of full damages.
- Can be pursued alongside workers’ comp or nonsubscriber claims.
Speak With a Texas Construction Site Injury Lawyer Today
If you’ve been injured on a construction site, don’t assume workers’ comp is your only option. You may have a powerful third‑party claim that significantly increases your recovery. Construction site third party claims are very common. Don’t miss out on your recovery by failing to take advantage of our free consultation.
Call MLF Legal today at 214‑357‑1782 or
Fill out our online form for a free consultation.
We only get paid if we win your case.
Additional info:
What to Do If You Suspect a Third Party Claim
Immediate Steps After a Construction Site Accident:
- Report the accident to your employer.
- Seek medical treatment and document your injuries.
- Identify all contractors, subcontractors, and vendors on the site.
- Preserve evidence—photos, witness names, and incident reports.
Why Legal Help Is Essential
Third‑party claims involve multiple companies, insurance carriers, and complex contracts. An experienced construction accident lawyer can investigate liability, preserve evidence, and pursue maximum compensation.
Call MLF Legal today
214-357-1782
Fill out our online form
for a free consultation.
We only get paid if we win your case.