Understanding Workers’ Comp Third-Party Cases

If your injury at work was caused by someone outside your company, you might have legal options you haven’t considered. Many employees don’t realize that workers’ compensation isn’t always the end of the story. In some situations, you can pursue a separate claim against the party who caused your injury. That’s where understanding workers’ comp third-party cases becomes important. These claims create an opportunity to recover more than the limited benefits offered through workers’ comp, especially when the at-fault party isn’t your employer or a coworker.

At Armstrong Lee & Baker LLP, we help workers throughout Houston identify and pursue these opportunities with clarity and confidence.

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What Is a Third‑Party Liability Claim?

In a workers’ compensation case, a third-party claim arises when someone other than the employer or a coworker is responsible for an employee’s injury. This allows injured workers to file a personal injury lawsuit against the third party while also receiving workers’ compensation benefits.

These can include:

• Defective Equipment: Injuries caused by faulty machinery may lead to claims against the manufacturer or distributor.
• Negligent Contractors: On shared job sites, injuries caused by other companies’ workers may qualify for third-party claims.
• Vehicle Accidents: Work-related crashes may allow claims against at-fault drivers in addition to workers’ comp.
• Premises Liability: Injuries on property not owned by the employer, such as during deliveries, may involve third-party liability.
• Toxic Exposure: Harm from hazardous substances may lead to claims against manufacturers or suppliers.

Workers’ compensation provides benefits regardless of fault, so employees don’t need to prove negligence to receive help. Third-party claims work differently. In those situations, you must show that someone outside your employer caused or contributed to the injury. While workers’ comp typically covers medical bills and lost wages, it doesn’t account for pain, emotional distress, or loss of quality of life. A third-party case may allow you to recover those additional damages.

Why You Should Consider a Third‑Party Case In Houston

A third-party case may help you recover compensation that workers’ comp does not offer.

Houston has a large and diverse workforce, including industrial workers, construction crews, and delivery drivers. With so many third-party entities involved—equipment vendors, subcontractors, and property owners—the risk of outside negligence is high.

Consider the following:

• You may be entitled to pain and suffering, emotional distress, or loss of enjoyment of life, none of which are covered by workers’ comp.
• If a defective product caused your injury, a product liability claim may allow for punitive damages.
• Many injured workers are unaware that these claims are even an option, resulting in missed financial recovery.

If your injury involves someone outside of your employer’s control, it’s worth speaking to a qualified attorney to explore your options.

How Third‑Party Claims Interact with Workers’ Comp Benefits

You can generally pursue both a workers’ compensation claim and a third-party personal injury claim at the same time. This is often referred to as dual recovery.

However, Texas law may require you to reimburse your employer’s insurance carrier from any third-party settlement you receive. This process, known as subrogation, ensures the insurance company doesn’t pay twice for the same injury.

Working with an experienced attorney is crucial here. They can help negotiate with the insurer and structure your third-party recovery in a way that maximizes your total compensation.

Statute of Limitations & Deadlines in Texas

Timing is critical. If you delay, you could lose your rights.

According to the Texas Department of Insurance, the following deadlines apply:

• You must report your injury to your employer within 30 days from the date of the injury or when you realized it was work-related.
• You must file DWC Form-041 with the Division of Workers’ Compensation within one year of the injury to maintain eligibility.

Missing either deadline could jeopardize your ability to receive benefits or pursue a third-party claim.

How to Prove a Third‑Party Claim

While workers’ comp does not require fault, third-party claims require clear evidence of negligence. This might involve:

• Accident reports
• Eyewitness testimony
• Photos or video footage
• Expert analysis (e.g., engineers or safety professionals)
• Product defect records or recalls

The burden of proof is on you, the injured worker, to show that the third party’s negligence contributed to your injury. An experienced personal injury lawyer can help you gather and present this evidence effectively.

Compensation: What You Can Recover

Compensation through a third-party claim often exceeds what is available under standard workers’ compensation benefits. Injured workers may recover the full cost of medical treatment, both past and future, along with lost income and reduced earning capacity. These claims can also include damages for pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. This provides a more complete and meaningful path to recovery after a serious workplace injury.

Immediate Steps After a Workplace Injury

To preserve your rights and ensure the strongest possible case:

1. Report your injury immediately to your employer in writing.
2. Seek medical care and follow all treatment plans.
3. Document everything, including witness names, conditions at the site, and any tools or vehicles involved.
4. File your DWC Form-041 within the one-year deadline.
5. Consult with a lawyer to determine if a third party may be legally liable.

Every day you wait increases the risk that evidence disappears or that important deadlines pass.

Why Choose Armstrong, Lee & Baker for Third‑Party Cases in Houston

Armstrong Lee & Baker LLP brings deep experience in third-party injury claims. Our Houston-based team is known for strategic advocacy, personalized attention, and a relentless commitment to securing full and fair compensation. We understand how high the stakes are after a serious workplace injury, and we’re prepared to stand up to negligent third parties, large insurers, and corporate defendants alike. 

When you choose us, you’re choosing a law firm that prioritizes your recovery, your rights, and your future.

Speak With a Houston Work Injury Attorney Today

When you’re injured on the job, understanding workers’ comp third-party cases can make a real difference in what you recover. These claims are complex, but with Armstrong Lee & Baker LLP on your side, you won’t face them alone. We focus on results that reflect the full impact of your injury.

Call 832-402-6637 for a free consultation. 

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

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