Identifying Negligent Third Parties on Freeport TX Construction Sites - Leading Texas Attorneys
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Construction projects in Freeport, TX are frequently the sites of workplace injuries, and sometimes those injuries are the fault of a third party. Workers’ compensation covers most construction injuries, but workers can also seek compensation from a liable third party. Hiring a lawyer allows victims of third-party negligence to collect fair compensation for their damages.
Our team of Freeport work injury lawyers at Carabin Shaw knows how to navigate your workers’ compensation and personal injury claim so you can maximize your compensation. Read our client reviews to see how they feel after we’ve helped them win their cases.
Types of Third-Party Liability Construction AccidentsThere are many entities involved in local construction projects. Multiple parties can be liable for an accident, from large projects like the LNG export terminal expansion to road construction projects like widening Highway 36.
Examples of third party construction site accidents include:
- Scaffolding accidents are when a scaffolding company or manufacturing company is negligent.
- Falls from heights happen because a property owner fails to disclose a hazard.
- Crane accidents are the fault of an equipment manufacturer or another company, not the victim’s employer.
- Excavation accidents were caused by another contractor at the site.
- Electrocutions due to the utility company’s negligent lockout/tagout procedures.
- Equipment malfunctions that lead to a collision.
- Truck accidents caused by negligent subcontractors in Texas.
- Fire accidents started because a property owner failed to maintain the premises.
- Chemical exposures by nearby companies or material manufacturers.
To hold a third party liable in Freeport TX construction accidents, you must prove negligence. This means that their unreasonable action (or lack of action) caused you harm, or the company was strictly liable for their product or employee that caused harm.
Employer Liability vs. Third-Party Liability in TexasWhen employers carry workers’ compensation insurance, an attorney cannot file a lawsuit against them. The exception to this rule is if an employer’s gross negligence causes an employee’s death. Injured employees must instead file a workers’ compensation claim to collect medical and income benefits. Workers’ compensation protects employers from costly lawsuits.
However, worker’s compensation does not protect third parties in Freeport, Texas. An injured construction worker can file a workers’ compensation claim and a third-party personal injury lawsuit if a third party is liable.
The benefit of a third-party lawsuit is that it does not limit compensation to medical expenses and lost income. Injured parties can also sue for noneconomic damages like pain, suffering, and emotional anguish.
Filing a Workers’ Compensation Claim and a Third-Party LawsuitAlthough third-party lawsuits may offer large amounts of compensation for comprehensive damages, injured parties cannot keep both workers’ compensation benefits and personal injury awards. The workers’ compensation has the right to subrogation, which means they can recover the benefits they provided from the judgment awarded to the plaintiff.
The value of noneconomic losses and potential punitive damages for gross negligence often makes third-party lawsuits a better option for injured parties. Discussing your case with a reputable lawyer is the best way to decide whether to pursue a third-party claim.
Collecting Complete Compensation for Construction Site Accidents | Carabin Shaw’s Top Texas Attorneys Can HelpIdentifying a negligent third party in Freeport third party construction site accidents allows victims to get compensation for the totality of their damages instead of the limited benefits workers’ compensation delivers. Lawsuits take time and resources; a third-party lawsuit doesn’t always amount to improved compensation. That is why it is essential to calculate your damages and enlist the help of individuals with decades of legal experience, such as the lawyers at Carabin Shaw.
Call our toll-free number today at 800-862-1260 to schedule a free consultation. Someone is available to speak with you 24/7, and we have English- AND Spanish-speaking staff. Our legal services are risk-free, as we offer our services on a contingency-fee-basis. We don’t get paid unless we win your case, which aligns our interests with yours. For the best legal advice in Freeport, call Carabin Shaw.
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