Third-Party Workers’ Compensation Claims in Texas
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What Are Third-Party Claims?
MLF Legal’s work on third-party claims in Texas involves representing clients who have been injured by someone other than their employer. These claims are separate from workers’ compensation and allow injured individuals to seek additional compensation for damages like pain and suffering, which are often not covered by workers’ comp. Workers’ compensation provides medical care and partial wage replacement when you’re injured on the job. But it doesn’t always cover everything you lose. That’s where third-party claims come in.
Key Points
- An injured worker can file a claim against another company or individual whose negligence caused the injury.
- This is in addition to any workers’ compensation claim they may have against their employer.
The purpose is to shift the costs of the injury from the worker to the responsible third party.
Examples of Third-Party Claims MLF Legal Handles
Third-party claims are particularly relevant in industries like construction and oil fields, where multiple companies and contractors are involved.
A construction worker injured by poorly set-up scaffolding from another company may file a third-party lawsuit against that contractor.
A worker harmed by faulty equipment manufactured or installed by a company that is not their employer can pursue a claim against the manufacturer.
Defective Equipment
Faulty tools or machinery manufactured by a third party can lead to liability beyond workers’ comp.
Workplace Vehicle Accidents
A delivery driver hit by another motorist who runs a red light while the driver is on the job may file a claim against the negligent driver.
An order puller that gets hit by a forklift driver employed by a different employer has a negligence claim against that company.
FAQ's Third Party Claims
It’s a claim against someone other than your employer whose negligence caused your workplace injury.
Yes. Third-party claims are separate and can be pursued in addition to workers’ comp.
Pain and suffering, future medical costs, full lost wages, and punitive damages.
You may be able to sue your employer directly as a nonsubscriber, while also pursuing third-party claims.
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.
Why Are Third-Party Claims Important for Recovery?
Workers’ compensation often provides limited benefits — covering medical bills and partial wages but not pain and suffering or full lost wages.
Expanded Damages
Third-party claims can result in higher settlements or verdicts because they cover:
- Pain and suffering
- Emotional distress
- Future medical costs
- Full lost wages and lost earning capacity
- Punitive damages in cases of gross negligence
Beyond Workers’ Comp
- Pain and suffering
- Emotional distress
- Punitive damages (in cases of gross negligence)
Future Costs
- Long-term medical care
- Rehabilitation expenses
- Lost earning capacity
This broader scope of damages makes third-party claims a critical tool for achieving full recovery.
How Third-Party Claims Interact With Workers’ Comp
Pursuing both claims simultaneously can be complex.
Subrogation
Workers’ comp insurers may assert a subrogation lien — meaning they can claim reimbursement from any third-party recovery.
Strategic Handling
MLF Legal ensures these overlapping claims are managed carefully so clients maximize their net recovery.
How MLF Legal Helps Injured Workers
At MLF Legal, we go beyond workers’ comp to uncover every possible avenue for compensation.
Comprehensive Investigation
We identify all potential claims, including third-party liability, to maximize recovery.
Dual Claim Management
We handle both workers’ comp and third-party claims simultaneously, protecting clients from insurance company tactics.
Aggressive Negotiation
We negotiate aggressively with insurance companies to secure the compensation you deserve.
Client-Focused Strategy
Our mission is simple: to ensure injured workers receive full and fair compensation for their losses.
If you’ve been injured at work due to someone else’s negligence, don’t settle for limited workers’ comp benefits.
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.