Shaw Cowart represents accident injury victims in Austin and the surrounding areas
Construction Accident Attorneys Austin: Third-Party Liability Claims
Workers’ compensation will cover some of your medical bills and a portion of your lost wages, but it won’t come close to full compensation for your injuries—unless you have claims against parties beyond your direct employer. Third-party liability claims allow construction accident victims to pursue full compensation, including pain and suffering, complete lost wages, and other damages that workers’ comp doesn’t cover. Austin’s complex construction projects involve numerous contractors, subcontractors, equipment suppliers, and property owners, creating multiple potential sources of recovery for injured workers. Our construction accident attorneys Austin understand how to identify and pursue all parties whose negligence contributed to construction accidents. The Austin construction accident lawyers at Shaw Cowart fight to maximize compensation by pursuing every available avenue of recovery. More information here
The Limits of Workers’ Compensation
Texas workers’ compensation provides important but limited protection for injured workers. Understanding these limits reveals why third-party claims matter so much. Our Austin construction injury lawyers know that workers’ comp alone rarely provides adequate compensation for serious construction injuries. The construction accident attorneys Austin at Shaw Cowart help injured workers understand their options and pursue all available compensation, including third-party claims that can dramatically increase recovery.
Workers’ Comp Limitations
Workers’ compensation doesn’t cover pain and suffering—the physical and emotional impact of injuries. It pays only a percentage of lost wages, capped at state maximums. It doesn’t compensate for loss of earning capacity or diminished quality of life. It doesn’t provide full compensation for permanent injuries. These limitations leave seriously injured workers significantly undercompensated. More here: https://www.carabinshaw.com/austin-road-construction-accident-experienced-injury-attorneys-c.html
The Trade-Off
Workers’ comp is a trade-off—guaranteed benefits regardless of fault, in exchange for limited recovery and immunity for employers from lawsuits. But this trade-off only protects direct employers. Third parties whose negligence causes or contributes to accidents aren’t protected.
Who Are Third Parties?
Third parties are anyone other than your direct employer whose negligence contributed to your injury.
General Contractors
If you work for a subcontractor, the general contractor is a third party. General contractors who control job sites bear responsibility for overall site safety. When their negligence—inadequate safety programs, failure to coordinate trades, unsafe conditions—injures subcontractor employees, those workers can sue the general contractor.
Other Subcontractors
Workers from one subcontractor injured by another subcontractor’s negligence can pursue third-party claims. A plumber injured when an electrician creates a hazard, or a framer injured by a concrete contractor’s negligence, has third-party claims.
Property Owners
Property owners who maintain control over construction projects, create hazardous conditions, or fail to address known dangers may be liable to injured construction workers.
Equipment Manufacturers
Defective equipment that causes injuries creates product liability claims against manufacturers. Defective scaffolding, power tools, safety equipment, and machinery can all create liability for manufacturers.
Equipment Rental Companies
Companies renting equipment may be liable if they provide defective equipment, fail to properly maintain it, or fail to provide adequate instructions.
Architects and Engineers
Design professionals whose negligent designs create construction hazards may be liable when those hazards injure workers.
Material Suppliers
Suppliers of defective materials that cause accidents—failed structural components, defective safety equipment—face product liability claims.
Advantages of Third-Party Claims
Third-party claims offer advantages workers’ comp doesn’t provide.
Full Compensation
Third-party claims allow recovery of full damages, including pain and suffering, complete lost wages, loss of earning capacity, loss of enjoyment of life, and other damages workers’ comp excludes.
No Caps
Unlike workers’ comp with its statutory limits, third-party claims are limited only by actual damages proven. Serious injuries warrant serious compensation.
Punitive Damages
When third parties act with gross negligence or intentional disregard for safety, punitive damages may be available to punish wrongful conduct.
Full Medical Recovery
Third-party claims can recover all medical expenses—past and future—without workers’ comp limitations.
Pursuing Both Workers’ Comp and Third-Party Claims
Workers can pursue workers’ compensation and third-party claims simultaneously.
Workers’ Comp First
Workers’ comp provides immediate benefits while third-party claims proceed through litigation. Medical bills and partial wages are covered while pursuing full compensation.
Subrogation Rights
Workers’ comp carriers have subrogation rights to recover benefits paid from third-party settlements or verdicts. However, experienced attorneys negotiate these claims to maximize worker recovery.
Net Recovery
Even after workers’ comp subrogation, third-party claims typically provide far more compensation than workers’ comp alone.
Identifying Third-Party Claims
Finding third-party claims requires a thorough investigation.
Analyzing the Accident
Understanding exactly how accidents occurred reveals which parties’ negligence contributed. Equipment failures, site conditions, supervision failures, and coordination breakdowns all point to potential defendants.
Examining Contractual Relationships
Construction projects involve complex contractual relationships. Understanding who controlled what aspects of the project identifies parties with safety responsibilities.
Investigating Equipment
When equipment contributes to accidents, investigating manufacturers, sellers, and rental companies reveals potential product liability claims.
Reviewing Site Conditions
Hazardous conditions may result from general contractor negligence, property owner actions, or other subcontractor conduct—all potential third-party claims.
Texas Third-Party Construction Claims
Texas law affects third-party construction claims in important ways.
Proportionate Responsibility
Texas uses modified comparative fault. Recovery is reduced by the injured worker’s percentage of fault and barred if the worker is more than 50% responsible.
Statute of Limitations
Personal injury claims in Texas generally must be filed within two years. This deadline applies to third-party claims regardless of workers’ comp proceedings.
Non-Subscriber Employers
Some Texas construction employers opt out of workers’ comp. When non-subscribers’ negligence causes injuries, workers can sue their own employers, with limited defenses available.
Maximizing Recovery
Construction accident victims deserve full compensation—not just workers’ comp minimums. Our construction accident attorneys Austin at Shaw Cowart identify all potential third parties, build strong cases against each, and fight for maximum recovery. We coordinate workers’ comp and third-party claims to ensure injured workers receive every dollar they deserve.
If you were injured in an Austin construction accident, contact us for a free consultation. We’ll analyze your case, identify all potential claims, and fight for full compensation.