When Someone Other Than Your Employer Causes Your Work Injury
Not every workplace injury is caused by your employer. On busy San Antonio job sites—construction projects, warehouses, oil fields, and delivery routes—employees from different companies often work side by side. When a subcontractor's crew, a negligent driver, a careless equipment operator, or a defective machine causes your injury, you may have more than one path to compensation.
This is what attorneys call a third-party work injury claim, and it is one of the most misunderstood areas of Texas work injury law. Many injured workers in San Antonio accept only their workers' compensation benefits without realizing they may also have the right to file a personal injury lawsuit against the third party who actually caused the harm. Pursuing both at the same time is often referred to as a "dual claim."
At Espinoza & Brock, our team handles every aspect of work injury cases, including third-party work injury claims. Understanding how these two claims work together can make a significant difference in the compensation available to you and your family.
What Is a Third Party in a Work Injury Case?
A "third party" is any person or company other than your employer whose negligence contributed to your on-the-job injury. Common examples in San Antonio work injury cases include:
- A subcontractor or another company's employees working on the same jobsite
- A general contractor responsible for overall site safety
- The manufacturer of defective machinery, tools, or safety equipment
- A negligent driver who hits you while you are working or driving for work
- A property owner who failed to correct dangerous conditions on the premises
- A maintenance or repair company that serviced equipment improperly
Because your employer is not the negligent party in these situations, the third party can be held liable in a personal injury lawsuit—even if you are also receiving workers' compensation benefits.
How Dual Claims Work: Workers' Comp and a Lawsuit at the Same Time
Texas law allows an injured worker to pursue two separate claims arising from the same accident:
1. The workers' compensation claim (or non-subscriber claim)
If your employer subscribes to workers' compensation insurance, you can receive medical benefits and partial wage-replacement benefits regardless of who was at fault. These benefits are valuable, but they are limited. Workers' compensation does not pay for pain and suffering, mental anguish, or your full lost wages.
If your employer is a non-subscriber that opted out of the Texas workers' compensation system, your claim against your employer works differently—you must prove employer negligence—but you can still pursue a third-party claim in addition.
2. The third-party personal injury lawsuit
The lawsuit against the negligent third party is a traditional personal injury case. Unlike workers' compensation, a third-party claim allows you to seek the full range of damages, which may include:
- All past and future medical expenses
- 100% of lost wages and diminished earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment and disfigurement
For workers who suffer serious or catastrophic injuries, the third-party claim is often where the most meaningful recovery comes from.
What About Subrogation? Understanding the Insurance Carrier's Lien
One reason injured workers need an experienced third-party claims lawyer in San Antonio is subrogation. Under Chapter 417 of the Texas Labor Code, the workers' compensation insurance carrier that paid your benefits generally has the right to be reimbursed out of your third-party recovery.
Handled poorly, a subrogation lien can swallow a large portion of your settlement. Handled well, an experienced attorney can often negotiate the lien down, structure the recovery properly, and account for the carrier's share of attorney's fees and expenses—putting more money in your pocket. This is not something injured workers should attempt to navigate alone.
Why Dual Claims Are Common on San Antonio Worksites
San Antonio's economy runs on industries where multiple employers share the same worksite: commercial construction along the growing north and west sides, warehouse and distribution centers near I-35 and Loop 410, manufacturing facilities, and oil field operations in the Eagle Ford Shale region south of the city. On these multi-employer sites, the person or company who causes an injury frequently does not work for the same employer as the injured worker—which is exactly the situation that gives rise to a dual claim.
FAQs
Can I really receive workers' comp benefits and sue at the same time?
Yes. Accepting workers' compensation benefits does not prevent you from filing a personal injury lawsuit against a negligent third party. The two claims run on parallel tracks, though the compensation carrier may assert a reimbursement right against your third-party recovery.
What if I was partly at fault for the accident?
Texas follows a modified comparative fault rule in personal injury cases. You may still recover in your third-party claim as long as you were not more than 50% responsible, though your recovery may be reduced by your percentage of fault. Fault has no effect on your right to workers' compensation benefits.
How long do I have to file a third-party claim in Texas?
In most cases, a personal injury lawsuit must be filed within two years of the date of injury. Evidence on job sites disappears quickly, so it is wise to speak with a third-party work injury claim attorney in San Antonio as soon as possible.
Who investigates whether a third party was involved?
Your attorney should. Identifying every potentially liable party—subcontractors, manufacturers, property owners—requires investigating contracts, site-safety responsibilities, equipment records, and witness accounts. Many valid third-party claims are never pursued simply because no one looked.
What Is the Takeaway?
If you were injured on the job in San Antonio and anyone other than your employer played a role—another company, another driver, a defective product—you may have both a workers' compensation (or non-subscriber) claim and a third-party personal injury claim. The workers' compensation claim helps cover medical care and part of your lost wages now; the third-party lawsuit allows you to pursue full compensation, including damages the comp system will never pay. Coordinating the two claims and managing the carrier's subrogation lien requires a firm that handles both sides of work injury law.
Espinoza & Brock is one of the few firms in Texas that handles every aspect of work injury cases, from workers' compensation claims to third-party litigation. Javier Espinoza, Lara Brock, and our team have decades of experience pursuing third-party work injury claims across San Antonio and throughout Texas. Contact our office today to schedule a no-risk consultation and find out whether you have a dual claim.
