Third Party Claims After a Construction Accident in San Angelo, TX

If you were injured on a San Angelo construction site, a workers’ compensation claim against your own employer is often not your only option. When someone other than your employer or a co-worker, such as a general contractor, subcontractor, property owner, or equipment manufacturer, contributed to the accident, you may be able to pursue a separate third party claim. Unlike workers’ compensation, a third party claim can allow recovery for pain and suffering and the full extent of lost wages, damages that are generally unavailable through the workers’ comp system alone. Here is how third party claims work after a Texas construction accident.

Why Workers’ Compensation Alone May Not Be Enough

Under Texas Labor Code Section 408.001, workers’ compensation benefits are generally the exclusive remedy against an employer that carries workers’ compensation insurance, commonly called a subscriber. This means an injured worker typically cannot sue a subscribing employer directly for ordinary negligence, even if the employer’s carelessness contributed to the accident. Workers’ compensation benefits also do not include compensation for pain and suffering, and wage replacement is typically limited to a percentage of the worker’s average weekly wage rather than full lost income.

A third party claim exists separately from this system. It targets a party other than the injured worker’s own employer or a co-worker, meaning the exclusive remedy rule generally does not stand in the way.

Who May Qualify as a Third Party on a Construction Site

Construction sites often involve numerous companies and individuals working alongside one another, which creates more opportunities for a third party claim than many other types of workplace accidents. Depending on the facts, a third party claim may be available against:

• A general contractor or subcontractor other than the injured worker’s own employer
• A property owner who retained control over how the work was performed
• An equipment or materials supplier whose defective product caused the injury
• A crane operator, delivery driver, or another individual whose negligence caused harm on site
• An engineer or architect whose design error contributed to the accident

Common San Angelo area construction claims involve situations such as a subcontractor’s employee injured by another company’s crew, a passerby struck by falling debris, or a worker hurt by equipment installed and maintained by a separate contractor.

Property Owner Liability on Construction Sites

Property owners occupy a distinct legal position under Texas law. Texas Civil Practice and Remedies Code Chapter 95 generally protects a commercial property owner from liability for injuries to a contractor, subcontractor, or their employees arising from work on an improvement to real property, unless the property owner exercised or retained some control over how the work was actually performed, beyond simply having the right to order work to start or stop or to inspect progress. When a property owner does retain that kind of control and the exercise of that control contributed to the injury, a claim against the property owner may be available.

Important: Construction sites often involve several companies with overlapping contracts and insurance policies. Identifying every potentially responsible party, and understanding how much control each one had over the work being performed, is often central to determining whether a third party claim is available.

How a Third Party Claim Interacts With Workers’ Compensation

Under Texas Labor Code Section 417.001, an injured worker may pursue a claim against a liable third party while also receiving workers’ compensation benefits. However, if the workers’ compensation insurance carrier has paid benefits related to the injury, it generally holds a subrogation interest, meaning it may be entitled to reimbursement from any recovery obtained from the third party. This interaction can affect how a settlement or judgment is ultimately distributed, which is one reason a claim involving both workers’ compensation and a third party defendant benefits from careful coordination between the two.

Comparative Fault in Third Party Construction Claims

Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. An injured worker can still recover compensation from a third party as long as their own responsibility for the accident is found to be 50 percent or less, with the total award reduced by their percentage of fault. Construction accidents involving multiple contractors often result in fault being divided among several parties, which can make the process of assigning percentages of responsibility more involved than in a typical two-party accident.

Deadlines That Can Affect a Third Party Claim

A third party claim generally must be filed within two years of the date of the accident under Texas Civil Practice and Remedies Code Section 16.003, the same statute of limitations that applies to most Texas personal injury claims. This deadline runs separately from any workers’ compensation claim, and pursuing workers’ compensation benefits does not extend the time available to file a third party lawsuit.

Talk to a San Angelo Construction Accident Attorney

Identifying every party who may share responsibility for a construction accident can significantly affect the compensation available to an injured worker. Webb, Stokes & Sparks represents injured clients throughout San Angelo in a full range of personal injury claims, including construction and industrial accidents. Our attorneys can investigate your accident, identify potential third party defendants, and help you pursue the full compensation you deserve. Contact our team or call (325) 442-0711 today for a free case assessment.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.