Construction work is one of the most dangerous jobs in Texas—and when injuries happen, they’re often severe. While most people think their only option is to file for workers’ comp, that’s not always the full story. If a third party (like a subcontractor, property owner, or equipment manufacturer) contributed to your injury, you may be entitled to much more compensation than workers’ comp alone can provide.
Here’s what you need to know to protect your rights.
Workers’ Comp Covers Medical Bills and Lost Wages—But Not Everything
If your employer provides workers’ compensation, you can file a claim to cover your medical expenses and a portion of your lost wages. However, workers’ comp:
- Doesn’t pay full wages
- Doesn’t compensate for pain and suffering
- Doesn’t allow you to sue your employer for negligence
That’s where third-party lawsuits come in.
When a Third Party Is to Blame, You Can Sue for More
A third-party claim is a personal injury lawsuit against someone other than your employer. Examples include:
- A negligent subcontractor who created a hazard
- A property owner who failed to maintain safe conditions
- A crane or machinery manufacturer whose product failed
- A delivery driver who caused an on-site accident
In these cases, you can pursue full compensation, including pain and suffering, future medical needs, and 100% of lost wages.
What You Can Recover in a Third-Party Lawsuit
A successful third-party claim may result in compensation for:
- Emergency medical care and hospitalization
- Ongoing treatment and rehabilitation
- Full lost income and reduced earning capacity
- Pain and suffering
- Permanent disability
- Future care needs or home modifications
This is above and beyond what workers’ comp typically provides.
You Can File Both Claims—But You Must Do It the Right Way
Yes, you can file a workers’ comp claim and a third-party personal injury lawsuit—but they are handled differently and have strict timelines. You’ll also need to navigate Texas laws around subrogation, which may allow your employer’s insurance company to seek reimbursement from your settlement.
Why You Need a Construction Injury Lawyer in Houston
Navigating both workers’ comp and third-party claims is legally complex and time-sensitive.
An experienced construction injury lawyer in Houston can:
- Determine if you have a valid third-party claim
- Preserve and gather evidence from the job site
- Handle all communication with insurers and employers
- Fight for full and fair compensation through every legal path available
Learn more about how we handle these cases on our Houston Construction Accident Lawyer page.
Don’t Leave Money on the Table
If you’ve been injured on a Houston construction site, don’t assume workers’ comp is your only option. You may be eligible for significantly more—but only if you act quickly and work with the right legal team.
Schedule a free case review today with Herbert Trial Law. We’ll evaluate your injury, explore every path to compensation, and fight to win what you deserve.