Identifying Negligent Third Parties in a Stafford TX Construction Site Accident - Free Case Review

A negligent third party in a Stafford, TX, construction site accident is not the injured worker's employer. This worker can file a lawsuit against the third party IN ADDITION to his or her worker’s compensation claim. Hiring an experienced lawyer is the best way to navigate this circumstance and prove that a third party is negligent.

The Stafford TX work injury attorneys at Carabin Shaw have decades of experience preparing third-party lawsuits, and our team will help you gather evidence, file your claim, and build a winning case. We offer our services on a contingency-fee-basis to help eliminate the financial barriers to quality legal representation. Call our toll-free number at 800-862-1260 to schedule a free consultation. We have English- AND Spanish-speaking staff available to answer your call 24/7.

Employers are generally liable for construction accidents in Stafford, Texas that happen to their workers on the construction site, but their workers’ compensation policy protects them from lawsuits. The injured employee receives medical care and lost wages through the workers’ compensation insurance policy, and they return to work when they are cleared to do so by medical professionals. If an employer does not have a workers’ compensation policy, they are susceptible to lawsuits.

Third parties exist outside of the employment relationship but are liable for injuries to construction workers. They include:

• Subcontractors
• Architects and engineers
• Property owners
• Manufacturers
• Vendors
• Visitors to the construction site

When workers’ compensation does not cover third parties, an injured worker may sue them for negligence in a personal injury lawsuit.

As an injured party facing two injury claims for a work accident, it may be difficult to gather evidence. Employers will not want to enhance your case against them, and co-workers may be nervous about repercussions if they offer witness statements. In some cases, workers’ compensation may investigate you in an attempt to reduce benefits, which can have a negative effect on your third-party case, as it may help a third party to blame you for a portion of the damages.

Evidence that Stafford construction worker lawyers may gather to help support a third-party claim includes:

• Photos of the accident site and injuries
• Third-party contracts
• Witness testimony
• Surveillance videos

Your personal injury lawyer in Texas will help you to gather evidence for your case. Legal professionals are instrumental in retrieving evidence behind locked gates and in computer files because they know your rights and the legal avenues for information retrieval.

Construction work accident attorneys in Texas prove third-party liability by showing the court that a third party’s actions meet the criteria for negligence. This includes:

• Duty of care
• Breach of duty
• Damages
• Proximate cause
• Cause in-fact

An example of third-party negligence is a structural collapse caused by engineering miscalculations that harm two construction workers within the structure. Engineers have a duty to be reasonably accurate, and the court may consider erroneous numbers to breach that duty.

To prove third-party liability, your attorney may have to hire an outside engineering firm to review the building plans and prove that it was the cause of the collapse. In addition, your injuries must have happened because of the collapse. In some third-party cases, this is difficult when contributing factors such as poor construction or defective materials exist.

Filing a third-party claim does not allow you to receive duplicate compensation, as your awarded damages will be reduced to reimburse workers’ compensation for benefits. However, third-party claims allow injured parties to claim noneconomic damages, like mental anguish and pain and suffering. These damages increase your overall compensation and help you to hold the at-fault parties accountable for their negligence.

At Carabin Shaw, we are compassionate about our clients' stress while healing from physical, emotional, and financial injuries. Our client reviews offer evidence that we care and can help you get the most out of your legal journey.

For more information:

• Cornell Law
• TDI Texas
• Statutes Capitol Texas