In Texas, construction workers face numerous hazards and injury risks daily. Construction is the deadliest job in the country, according to national injury statistics. Unfortunately, human error further increases the odds of construction accidents, injuries and deaths.
If you get hurt in a construction accident in Texas, it’s important to discuss the question of liability, meaning who may be legally and financially responsible for your losses, with an experienced Austin personal injury lawyer. Even if you can’t hold your employer responsible for your accident, other legal options may be available – including suing a third party.
What Is Third-Party Liability?
When a personal injury accident takes place in Texas, the victim may be able to pursue justice and financial compensation through a personal injury claim. This can refer to an insurance claim or a lawsuit filed with the civil courts.
When bringing a claim, the victim or plaintiff must name the defendant, meaning the party they are claiming is responsible for causing their injuries. This is also known as the liable party. This party will be the person or entity most at fault for the construction accident.
Third-party liability refers to a situation where someone other than a person directly involved in the accident is responsible for causing the victim’s injuries. In a construction accident case, a third party refers to someone other than the victim’s employer or co-worker.
Common Third Parties That Are Liable for Construction Accidents in Texas
Many parties can be held responsible for the safety and health of a construction worker in Texas. This can include the construction company or the victim’s employer for acts of negligence (the failure to use reasonable care), such as failing to properly train construction workers, maintain a safe workspace or offer personal protective equipment.
A third party specifically refers to someone other than the accident victim’s employer or another employee at the company being held liable for an accident. Examples include:
- General contractors
- Subcontractors
- Architects or engineers
- Construction equipment manufacturers
- Property owners
- Motor vehicle drivers
- Government agencies (for accidents on public property)
If a third party contributed to the construction worker’s injuries, the worker can seek primary or secondary compensation from this party through a personal injury claim in Texas. This is important because, under Texas law, workers’ compensation insurance limits the liability of employers.
Third-Party Claims and Workers’ Compensation in Texas
Texas is the only state in the country that doesn’t make workers’ compensation insurance mandatory for employers. However, many construction companies in the state still have this insurance to protect themselves from financial losses in the event of worker accidents and injuries.
If your employer has workers’ compensation insurance, you can seek a settlement for losses caused by a construction accident without having to prove that your employer is at fault. The tradeoff is that you give up your right to sue your employer for negligence. This can limit the financial recovery available to you and your family.
However, you can file both a workers’ comp claim and a third-party lawsuit in Texas. Even after you accept a workers’ compensation insurance settlement, you can sue a third party for additional damages. Seeking compensation through both of these legal options can maximize your case’s outcome.
What Damages Can Be Recovered in a Third-Party Lawsuit?
A workers’ compensation claim for a construction accident in Texas has the potential to reimburse you for past and future necessary medical expenses, as well as any costs associated with a long-term or short-term disability. It can also reimburse about two-thirds of your lost wages.
A third-party lawsuit in Texas, on the other hand, can lead to the recovery of 100 percent of your lost wages from a construction site accident, plus pain and suffering damages. An experienced accident attorney can assess your case to determine the types of damages you may be able to receive and the overall value of your claim.
How to Prove Third-Party Liability for a Construction Accident in Texas
A third-party lawsuit requires a construction accident victim to prove fault or liability. The plaintiff or filing party bears the burden of proof in a personal injury claim. To hold a third party accountable, you or your lawyer must prove negligence. This involves four key elements:
- Duty of care: the defendant had a legal duty to protect you or prevent the construction site accident through the use of reasonable care.
- Breach of duty: the defendant committed an act or omission that violated the duty of care, such as a property owner ignoring a defect or hazard on their premises.
- Causation: the defendant’s breach of duty was the actual or proximate cause of your construction accident and injuries.
- Damages: as a result of the construction accident, you suffered real or compensable losses, such as bodily injuries and medical bills.
After a construction accident takes place in Texas, you can start building your claim right away. Your priority should be seeking immediate medical care. Once you’ve been seen by a doctor, consult with an attorney for advice on what to do next, such as how to collect evidence of a third party’s fault.
How Can a Construction Accident Lawyer in Texas Help?
A third-party lawsuit after a construction accident in Texas can be challenging, especially while you’re recovering from serious injuries. An experienced attorney who is familiar with Texas’s workplace injury laws and third-party liability can help you through every step of your case, including:
- Investigating the construction site accident
- Identifying the liable party or parties
- Searching for third parties to hold responsible
- Preserving and gathering evidence
- Documenting your injuries, losses and damages
- Filing a workers’ compensation claim on your behalf, if available
- Negotiating a fair settlement from one or more insurance companies
- Filing a personal injury lawsuit with the civil courts, if necessary
- Pursuing maximum compensation for your losses
Most importantly, your lawyer will make sure you have everything you need to recover during this difficult time. To discuss a construction accident case in detail with a skilled and knowledgeable Austin construction accident attorney, contact FVF Law Firm.We will review your case for no cost and at no pressure to hire us. We will get to know you and help you explore your legal rights after a construction site accident, including the right to hold a third party liable. We have more than 100 years of experience representing injured workers in Texas. Call us at (512) 640-2146 or contact us online today to learn more.
