Workers' Compensation vs. Third-Party Claims in Freeport TX Construction Accidents

Freeport offers some of the best fishing in Texas, but the city is more than a tourist spot. Port Freeport is expanding to accommodate its busy shipping industry. Construction signifies a healthy economy, but improvement projects in progress also pose hazards. Workers at construction sites face daily dangers, sometimes resulting in severe, life-changing injuries.

Our Freeport personal injury lawyers at Carabin Shaw help construction accident victims maximize their damages. Unfortunately, a workers’ compensation claim rarely provides sufficient compensation for medical bills and lost wages. We investigate construction accidents to identify responsible parties and hold them liable. If you’ve been injured, our English—and Spanish-speaking professionals are available 24/7 for a free consultation at 800-862-1260.

Nearly 170,000 construction injuries were reported nationwide in 2021. About 40% of those injuries resulted in days away from work, leaving workers without pay while they recovered. Nearly half of all construction injuries are the result of falls.

For example, a scaffolding injury may occur if a worker falls from an elevated scaffold or if a scaffold collapses. While the construction company may be responsible for accidents like these, they can also be caused by a third party other than the worker’s employer.

Many parties may be responsible for ensuring the stability of a temporary scaffold. A scaffolding manufacturer may be liable if the platform is not built correctly. A subcontractor who overloads a platform or drops a tool from the platform that strikes a worker can also be responsible.

Many third parties are involved in a construction project, and anyone may contribute to a devastating accident if they don’t follow a duty of care. In addition to the examples above, common causes of third-party accidents include:

• A design flaw or manufacturing defect leads to a forklift or hoist accident
• A safety guard comes off a power tool, leading to a severe laceration or amputation
• A piece of equipment was missing key safety instructions, which led to an accident
• An outside party was negligent in creating a trench, causing your fall and injuries
• A property owner fails to install a carbon monoxide detector, exposing workers to gas leaks

In any of these situations, you may file a third-party lawsuit to pursue damages for your injuries and losses.

Filing a third-party lawsuit is different from a workers’ compensation claim. A lawsuit requires you and your attorney to prove the responsible party’s negligence led directly to your injuries and losses. Negligence describes the failure to act with a normal level of care. Establishing negligence involves thoroughly investigating the accident to identify the parties responsible and the specific details of the incident.

You might wonder why anyone would go to the trouble of hiring a lawyer and filing a lawsuit when you can easily file a workers’ compensation claim with your employer. While workers’ comp may be a quicker avenue, it is not always the best, mainly if your injuries are severe.

Workers’ compensation insurance covers medical bills for “reasonable and necessary care,” as determined by the state-regulated insurance program. It also covers a percentage of your lost wages, but not all. You cannot collect non-economic damages through workers’ compensation, such as:

• Pain and suffering
• Disability and disfigurement
• Mental and emotional distress
• Loss of enjoyment of life
• Loss of consortium

Although these losses are a fundamental part of a construction accident injury, workers' compensation doesn't include them. A lawsuit against a third party in Texas allows you to seek these damages in addition to your workers’ compensation claim.

If you’ve been injured in a construction accident, contact Carabin Shaw. Our expert attorneys will investigate your case to identify the responsible parties and hold them liable for your injuries and losses. Our team offers our services on a contingency-fee-basis, so you don’t pay anything until you receive your settlement. Our client reviews attest to our ability to maximize damages for victims like you.

Call us toll-free now at 800-862-1260.

For more information:

• Procore
• OSHA Online Center
• OSHA
• Cornell Law