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The Role of General Contractors in Third-Party Construction Site Accidents - Roma TX Lawyers

CALL TOLL FREE: 1-800-862-1260

Suing a general contractor (GC) in Roma, TX typically depends on the employment relationship between the GC and the injured worker. If the GC qualifies as a third party, an injured worker may file a personal injury claim for damages.

Determining the occupational status of a Texas contractor is difficult without the legal expertise of an experienced legal professional. The work accident lawyers at Carabin Shaw know the Texas laws that determine whether you can sue a GC. Call our toll-free number 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.

What is a Third-Party Construction Site Accident?

A third-party construction site accident is where the liable party is not the victim's employer. On a site with a general contractor, several subcontractors may employ laborers. In addition, examples of third parties who may be liable in a construction accident lawsuit include:

  • Architects or engineers
  • Equipment and materials manufacturers
  • Other subcontractors
  • Rental companies
  • Vehicle operators who are not co-workers
  • Property owners

Your attorney must consider all third parties and their employment status in relation to the injured party to file an injury claim correctly.

How Employment Status Impacts Your Work Injury Claim

Third-party construction site lawsuits are standard lawsuits against negligent parties liable for damages in Roma construction site accidents. What sets them apart from other injury claims is that they may involve workers’ compensation insurance.

Employers on a construction site are not required to have workers’ compensation insurance in Texas, but when they do, an employee cannot sue them in most cases. If a third party is liable, a lawyer can help an injured party file a workers’ compensation claim AND a personal injury lawsuit.

When a plaintiff has two injury claims, that does not mean they get duplicate compensation. The workers’ compensation insurance company recoups the benefits it provides, which lessens the third-party claim’s compensation to the plaintiff. Weighing the advantages of a third-party lawsuit with your work injury attorney in Roma, Texas, is essential to making informed legal decisions that serve your best interests.

Can a General Contractor Be a Third Party?

If the general contractor on a Texas construction site is the injured worker's employer, they cannot be a third party in the injury claim. However, the law considers many subcontractors to be independent contractors and employers of their own laborers, which makes a GC a third party regarding injuries. For example, if they

GC failed to provide safe working conditions, and a construction accident lawyer in Roma TX can file a personal injury claim against them.

In construction site lawsuits, labor laws and rules of civil litigation can become complex. At Carabin Shaw, we focus on clear communication with our clients so they can understand every step of the legal process. Read our client reviews and discover how we exceed our client’s needs with high-quality legal services.

Is Personal Injury Compensation Greater Than Workers’ Compensation?

Workers’ compensation claims only offer financial benefits to cover medical expenses and loss of income. Personal injury lawsuits broaden compensation to include noneconomic damages such as pain and suffering, emotional duress, disfigurement, inconvenience, and punitive damages. In severe construction accidents, a third-party lawsuit can yield greater compensation than a workers’ compensation claim, even after the insurance company’s reimbursement.

Call Carabin Shaw’s Top Texas Attorneys Today To Schedule Your Free Case Evaluation! English and Spanish-Speakers Available To Assist!

At Carabin Shaw, we want to ease your journey to compensation after a work injury so you can focus on healing from your injuries while we work on your case. In addition, we offer our services on a contingency-fee-basis, so you don’t have to worry about the upfront costs of retainers or legal fees. Don’t limit your options for compensation after a work injury to only workers’ compensation benefits. Call today to discover all your legal options.

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Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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