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

  1. Get medical treatment and say it happened at work.
  2. Report the injury in writing.
  3. Write down which companies were on site and what each was doing.
  4. Photograph the area and equipment if you can safely do so.
  5. 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