Yes, often. If someone other than your employer or a coworker caused or contributed to your work injury, you may be able to file a separate claim against that person or company, in addition to any workers' compensation benefits you receive. Each case is different, and whether a true third-party claim exists depends on the specific facts. Speaking with a lawyer can help clarify your options.
Suing a Third Party for a Work Injury in Texas
A work injury caused by someone outside your own company raises questions that a typical workers' compensation claim does not answer. Texas law allows many injured workers to pursue a third-party claim when another person's negligence played a role in the accident.
This often runs alongside a workers' compensation claim, though the rules for each are different.
Key Takeaways About Third-Party Work Injury Claims in Texas
- Texas generally gives injured workers two years from the date of the injury to file a third-party lawsuit based on negligence.
- A lawyer's role often includes identifying every responsible party, not just the obvious one.
- Insurance companies, including the third party's insurer, typically investigate quickly and may try to limit what they offer.
- Acting without legal guidance can put deadlines, evidence, and potential compensation at risk.
- In many cases, a third-party claim can be pursued even after a workers' compensation claim has already been filed.
Do You Have a Third-Party Work Injury Case?
Take this 30-second checklist to see if you have grounds for a claim beyond workers' compensation. If you answer "YES" to 2 or more of these questions, you may be entitled to additional compensation for pain, suffering, and lost wages:
- [ ] Was your accident caused by someone who does not work for your employer (e.g., a delivery driver, a property owner, or a subcontractor)?
- [ ] Did your injury involve a motor vehicle, a defective machine, or dangerous equipment provided by another company?
- [ ] Does your employer fall under the "non-subscriber" category (they do not carry workers’ compensation insurance)?
- [ ] Is your injury serious enough that it requires surgery, long-term rehabilitation, or an extended period of time off work?
If you checked two or more boxes, don't wait. Insurance companies for these third parties are likely already investigating the scene to protect their own interests. Call The Calderon Law Firm at 346-999-5673 for a free consultation to discuss your specific situation.
Key Statistics About Work Injuries in Texas
- There were 557 fatal occupational injuries in Texas in 2024, a rate of 3.9 per 100,000 full-time workers, according to the Texas Department of Insurance, Division of Workers' Compensation.
- Transportation incidents accounted for 43% of all fatal work injuries in Texas in 2024, the largest share of any category. Many of these cases involve a vehicle driven by someone outside the worker's own company, which is often the basis for a third-party claim.
- TDI data shows the statewide employer subscription rate for workers' compensation insurance was 75% in 2022, meaning roughly one in four Texas employers had no coverage at all. Whether an employer carries coverage can change the legal options available after a work injury.
What Is a Third-Party Work Injury Claim?
A third-party work injury claim is a lawsuit or insurance claim filed against someone other than your employer or a coworker when their negligence caused or contributed to your injury. It exists separately from a workers' compensation claim, even though both can come from the same accident.
In Texas, workers' compensation generally pays medical care and a portion of lost wages no matter who was at fault. A third-party claim works differently. It requires showing that another person or company acted negligently, but it can open the door to compensation that workers' compensation does not cover, including pain and suffering.
Common Examples of Third Parties in a Work Injury Claim
- A driver who was not your coworker and caused a crash while you were on the job
- A company that made or maintained equipment that malfunctioned
- A property owner whose unsafe conditions led to your injury
- A subcontractor on a job site who was not your direct employer
| Workers' Compensation Claim | Third-Party Claim | |
| Filed against | Your employer's workers' comp insurance | The negligent outside party |
| Fault required | No, paid regardless of fault | Yes, negligence must be shown |
| Pain and suffering | Not included | May be included |
| Lost wages | Partial, set by law | May include full lost income |
| Can be combined | Often yes, alongside a third-party claim | Often yes, alongside workers' comp |
| Typical deadline | Reporting deadlines under workers' comp rules | Generally two years from the injury date |
Common Problems People Face With Third-Party Work Injury Claims
- Insurance adjusters for the third party often reach out quickly, sometimes before treatment is complete, hoping for an early, lower settlement.
- Proving who is at fault can get complicated when a job site involves multiple companies and contractors.
- Some workers assume a workers' comp claim rules out a third-party claim, and miss out on compensation they may be entitled to.
- Strict deadlines apply, and missing one can end an otherwise valid claim.
Our role is to work to sort through these issues early. That typically means identifying every party who may share responsibility, gathering evidence before it disappears, handling communication with insurers, and tracking every deadline that applies to your case.
How Insurance Companies Respond to Third-Party Claims
An insurance company representing a third party is not on the injured worker's side. These insurers often open an investigation quickly to limit their own exposure, and any statement given early on can later be used to reduce the value of a claim. In many cases, an attorney can take over these conversations directly.
Why Early Documentation Matters
Evidence from a work injury scene can change or disappear quickly, especially on an active job site. Photos, witness names, and incident reports gathered early often become some of the most useful pieces of a case later on.
Key Laws and Deadlines in Texas
Texas law sets specific rules for how third-party work injury claims move forward.
Texas' Two-Year Statute of Limitations
Most negligence-based personal injury lawsuits in Texas, including many third-party work injury claims, must be filed within two years of the date of the injury under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline generally bars the claim completely, regardless of how strong it may have been.
How Comparative Fault Can Reduce Your Compensation
Texas follows a modified comparative fault system under Chapter 33 of the Texas Civil Practice and Remedies Code. If you are found partly at fault for the accident, your compensation is typically reduced by your percentage of responsibility. If you are found more than 50% at fault, Texas law generally bars recovery altogether.
How Your Employer's Coverage Status Affects Your Claim
Texas does not require private employers to carry workers' compensation insurance. Employers that opt out are known as non-subscribers. If your employer is a non-subscriber, you may be able to bring a direct injury claim against your employer in addition to any third-party claim, and certain defenses normally available to employers are not available to non-subscribers in these cases.
If your employer does carry workers' compensation coverage, the insurance carrier that pays your benefits typically has a right to reimbursement from any third-party recovery. This is known as subrogation, and it can affect your net recovery in ways that are worth reviewing with a lawyer before settling.
What Compensation May Include
Compensation in a third-party work injury claim often falls into a few categories:
- Medical expenses, both past and future
- Lost income, including reduced future earning capacity
- Pain and suffering and the broader impact of the injury on daily life
- Long-term or permanent effects, when applicable
Insurance companies sometimes undervalue claims, particularly the long-term impact of an injury. Documenting ongoing treatment and how the injury affects daily life often helps paint a fuller picture of what a claim may be worth.
When Should You Talk to a Lawyer?
In many cases, it makes sense to talk with a lawyer soon after a work injury caused by someone outside your company, especially when any of the following apply:
- Your injuries are serious or are expected to have lasting effects
- A claim has been denied or delayed
- An insurance company has made an offer that feels unclear or low
- Fault is being disputed or shared among multiple parties
Signs Your Case May Be More Complex Than It Looks
Some work injury cases that look straightforward at first turn out to involve more than one liable party, especially on multi-contractor job sites or when commercial vehicles are involved. A short conversation with a lawyer can often clarify whether more than one claim applies to your situation.
Practical Steps Many Injured Workers Find Helpful
- Many claimants find it helpful to keep records of every medical visit, including dates, providers, and instructions given.
- Saving photos of the accident scene and any equipment involved can help establish what happened.
- Writing down witness names and contact information soon after the incident is often useful before memories fade.
- Avoiding detailed statements to an insurance adjuster without speaking to a lawyer first can help protect a claim's value.
- Keeping a simple log of missed work and related expenses can support a fuller picture of losses later.
Frequently Asked Questions: Third-Party Work Injury Claims
Can I still file a third-party claim if I already have a workers' compensation claim?
Often, yes. In Texas, a workers' compensation claim and a lawsuit against an outside party are treated as separate legal matters. Pursuing one does not prevent you from pursuing the other. We often help clients collect workers' comp benefits while simultaneously seeking additional compensation from the negligent third party.
What if my employer does not carry workers' compensation insurance?
If your employer is a "non-subscriber," you may be able to bring a direct lawsuit against them for negligence, in addition to any potential third-party claims against outside companies. These cases function differently than standard workers' comp claims and can provide more comprehensive recovery options.
Am I considered a third party if I am a subcontractor on the job site?
Your specific work status can affect which claims are available to you. Subcontractors injured by the negligence of another company’s employees or equipment often have strong third-party claims. We evaluate your specific contract and site role to determine who is liable for your injuries.
Why do I need to report the injury to my employer if a third party caused it?
Reporting the incident to your employer is required for workers' compensation purposes, even if an outside party is at fault. This step is time-sensitive and legally distinct from any lawsuit you may file against the third party. Failing to report on time can jeopardize your right to benefits.
What if the at-fault third party doesn’t have insurance?
This complicates the claim, but it does not necessarily mean you have no options. Other sources of recovery—such as your own uninsured motorist coverage (if a vehicle was involved) or the employer’s liability insurance—may be available. We investigate every possible policy to ensure no recovery source is missed.
Will my case go to trial, or will it settle?
Most third-party work injury cases are resolved through settlement negotiations before reaching a courtroom. However, we prepare every case as if it is going to trial. This "trial-ready" approach is exactly what convinces insurance companies to offer a fair settlement rather than risking a verdict against them.
You Don't Have to Sort This Out Alone
A work injury caused partly by an outside party can leave you juggling two different claims, two sets of paperwork, and two insurance companies, all while you're trying to recover. That part doesn't have to fall on you alone.
The Calderon Law Firm has worked with thousands of Texas families on cases like this, including ones involving more than one responsible party. Founder and trial attorney Jose Calderon and our Houston-based team work to identify every party who may owe you compensation, not just the obvious one.
Case reviews are free, and there's no fee unless we win your case. If you were hurt on the job in the Houston area and believe someone outside your company played a role, call The Calderon Law Firm at 346-999-5673 to talk through what happened and what your options may look like.