Third-Party Workplace
Injury Claims in Texas
A third-party workplace injury claim in Texas gives you the right to file a separate lawsuit for full damages when someone other than your employer causes your injury. This is the most common path to 3–10x more than workers comp alone.
A third-party claim in Texas is a personal injury lawsuit filed against someone other than your employer who caused or contributed to your workplace injury. Common third-party defendants include equipment manufacturers, subcontractors, general contractors, property owners, and trucking companies operating on the same job site.
Who Qualifies as a “Third Party”?
In Texas work injury law, a “third party” is any person or entity other than your employer or a coworker whose negligence caused or contributed to your injury. Workers compensation protects your employer from lawsuits (the exclusive remedy doctrine), but it does not protect third parties. Under the Texas Civil Practice & Remedies Code, you can pursue a full personal injury claim against any negligent third party while still collecting your workers comp benefits.
In Houston’s industrial economy—where refineries, chemical plants, and construction projects routinely involve dozens of separate companies on a single site—third-party liability is extremely common.
Common Third-Party Scenarios in Houston
Equipment Manufacturer
Defective machinery, tools, or safety equipment. If a product malfunctioned and caused your injury, the manufacturer is liable under Texas product liability law regardless of whether the equipment was new or used.
Subcontractor
Another contractor on your job site whose workers or methods created a hazardous condition. Common in refinery turnarounds and plant shutdowns where multiple crews work simultaneously.
Property Owner
The owner of the premises where you were injured. Property owners owe a duty to keep their premises safe for workers. This applies to refineries, chemical plants, warehouses, and construction sites across Houston.
Trucking Company
A driver or trucking company whose vehicle struck you on or near a job site. Includes delivery trucks, tanker trucks, and heavy equipment operators employed by a different company.
General Contractor
The general contractor on a multi-employer site who failed to coordinate safety, enforce OSHA standards, or maintain safe working conditions for all workers on site.
Chemical Supplier
A company that supplied hazardous chemicals without proper labeling, safety data sheets, or adequate warnings about toxicity, flammability, or required protective equipment.
Pursuing a Third-Party Claim Alongside Workers Comp
A third-party claim is completely separate from your workers compensation case. You can—and should—pursue both at the same time. The workers comp system provides immediate benefits (medical coverage and partial wage replacement) while the third-party lawsuit seeks full damages through the civil court system.
There is one important consideration: if you receive a third-party settlement or verdict, your workers compensation carrier has a subrogation lien. This means they are entitled to reimbursement for benefits already paid from your third-party recovery. An experienced Houston work injury lawyer can negotiate this lien down—often significantly—to maximize your net recovery. If your employer is a Texas non-subscriber, your options expand even further.
The statute of limitations for third-party personal injury claims in Texas is generally two years from the date of injury. For product liability claims involving defective equipment, different limitations periods may apply. Acting quickly also preserves critical evidence—OSHA records, witness statements, equipment condition, and surveillance footage—that can disappear over time. An OSHA violation documented after your accident can substantially strengthen your third-party claim.
Not sure if a third party was involved? Many Houston industrial injuries involve third-party liability that isn’t obvious at first. Use the flowchart and quiz below to walk through the key questions, or contact an attorney for a free evaluation.
Follow the Decision Tree
Do I Have a Third-Party Claim?
Follow the path to see if your injury qualifies for a lawsuit outside of workers comp.
Workplace Injury Occurs
You were injured on the job in Houston.
Employer is a "Non-Subscriber"
Your employer does NOT have official Texas Workers' Comp insurance.
Employer IS a Subscriber
You cannot sue your employer directly, BUT...
Was a 3rd Party Involved?
- Defective Equipment
- Contractor Negligence
- Property Owner Liability
High Value Injury Claim
You are eligible to recover 100% of your lost wages, future earning capacity, and pain & suffering damages—which workers comp does not pay.
Take the Eligibility Quiz