Workplace Injury in Texas: When a Third Party Hurts You, Your Case Can Be Worth Far More
In Texas, if you were hurt at work and a third party who is NOT your employer was at fault — like another contractor, a machine manufacturer, or another company's driver — you can file a separate personal injury claim. That claim is usually worth far more than workers' comp alone, because it includes pain and suffering and full damages.
Many Texas workers believe that if they get hurt on the job, their only option is workers' compensation — and that it covers very little. But there's something almost no one tells them: if the person or company that caused your injury isn't your employer, you may have a separate claim worth far more.
What is a "third party"
A liable third party is any person or company — other than your employer — whose negligence contributed to your accident. On a job site, several companies often operate at once. Common examples in Texas:
- A general contractor or subcontractor other than the one who employs you.
- The manufacturer of a defective machine or tool that injured you.
- A transportation company whose vehicle hit you on the site or on the road.
- The property owner who failed to keep the place safe.
- A maintenance company that did its job poorly.
Why a third-party claim is worth more
Workers' compensation in Texas, when it exists, usually covers only part of your lost wages and medical bills — and does not include pain and suffering. A personal injury claim against a liable third party is different: it seeks to recover the full value of what you lost.
- 1All your medical bills, present and future.
- 2All your lost wages and your future earning capacity.
- 3Pain and suffering — something workers' comp doesn't pay.
- 4In serious cases, additional damages depending on the circumstances.
Texas is one of the few states where many employers are NOT required to carry workers' compensation. If your employer doesn't have it, you may have even more options to claim directly. It's worth reviewing your case.
Your immigration status doesn't take away your rights
This is a real fear in our community, and we want to be clear: in Texas, an injured worker has the right to seek compensation regardless of immigration status. Filing an injury claim is not an immigration matter. Don't let fear stop you from protecting your family.
At Ruiz & Associates we connect you with doctors who treat you now and get paid from your final settlement. You pay nothing out of pocket. Your health comes first, and your documented treatment strengthens your case.
What to do if you were hurt at work
- 1Report the injury to your employer and seek medical care immediately.
- 2Photograph the site, the equipment involved, and any companies present.
- 3Note which other companies or contractors were working there.
- 4Keep everything: medical bills, receipts, witness names.
- 5Talk to a lawyer before accepting any settlement — to identify every liable party.
With more than 30 years of experience in Texas courts, Ruiz & Associates investigates every workplace accident thoroughly to find all liable parties and maximize your recovery. We work on contingency: you pay nothing unless we win your case.
Frequently asked questions
Can I file a claim if I'm already receiving workers' comp?+
Yes. A claim against a liable third party is independent of workers' comp. In many cases you can pursue both. A lawyer reviews your specific situation.
What if I'm undocumented? Can I be reported?+
In Texas you have the right to claim for an injury regardless of your immigration status. Seeking compensation for an accident is not an immigration matter. The consultation is free and confidential.
How do I know if a third party was responsible for my accident?+
Often it isn't obvious. That's why a lawyer investigates who was operating on the site, what equipment was used, and who made or maintained it. That investigation can reveal parties who multiply the value of your case.
How much does it cost to consult with you?+
Nothing. The consultation is free and confidential, and we work on contingency: you only pay if we win your case.
Were you in an accident? Tell us what happened.
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This article is for informational purposes only and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this content does not create an attorney-client relationship.