Construction Site Injuries: Third-Party Claims Beyond Workers' Comp
Workplace Injuries · Liz Valdez Garza · 2026-10-21
Construction is one of the most dangerous industries in Texas. Falls, struck-by accidents, electrocutions and equipment failures injure workers every day. If you were hurt on a job site, workers' compensation may cover part of your losses — but it may not be your only option.
Why construction sites create third-party claims
A single project might involve a property owner, a general contractor, several subcontractors, equipment rental companies and suppliers. When someone other than your employer causes your injury, you may be able to file a separate personal injury claim against them. This is called a third-party claim.
Common third parties
- Other contractors whose crews created a hazard, dropped materials or operated equipment carelessly
- General contractors that controlled site safety
- Equipment manufacturers when a defective ladder, scaffold, lift or tool caused the injury
- Equipment rental companies that supplied poorly maintained machinery
- Drivers who hit workers in road construction zones
Texas law can limit when a property owner is responsible for injuries to a contractor's employees, depending on how much control the owner had over the work. These rules are technical, which is why it's important to get advice on the specific facts.
Why a third-party claim matters
Workers' comp generally doesn't pay for pain and suffering and covers only part of lost wages. A third-party claim can seek full damages, including:
- All past and future lost income
- Pain, mental anguish and physical impairment
- Disfigurement
- Future medical care
Workers' comp carriers may have a right to be repaid from a third-party recovery, which an attorney can help manage.
If your employer doesn't carry workers' comp
Many Texas construction companies are non-subscribers. If yours is, you may be able to sue your employer directly for negligence — in addition to any third-party claims.
Steps after a construction injury
- Get medical treatment and say it happened at work.
- Report the injury in writing.
- Write down which companies were on site and what each was doing.
- Photograph the area and equipment if you can safely do so.
- Talk to an attorney before signing anything.
If you were hurt and have questions, Attorney Liz Valdez Garza can help. Call 866-LA-LEONA for a free consultation, or use the case review form on this page. Hablamos español.
Frequently Asked Questions
Can I get workers' comp and file a third-party claim?
Often, yes. They are separate claims, though the workers' comp carrier may have a right to reimbursement from a third-party recovery.
Who is responsible for safety on a construction site?
It depends on the contracts and who controlled the work. General contractors, subcontractors and sometimes property owners can share responsibility.
Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662