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Steve Kherkher - November 6, 2026
When you’re injured on the job, your first concern is getting medical treatment, recovering, and figuring out how you’ll support yourself and your family. You may assume that workers’ compensation is your only option for financial recovery. But in Texas, that isn’t always the case.
Depending on how the accident happened, another company, contractor, property owner, equipment manufacturer, or even a negligent driver may share responsibility for your injuries. Texas law allows injured workers to pursue claims against certain third parties, even when they are also receiving workers’ compensation benefits.
At Kherkher Garcia, we help injured workers and their families understand their legal options after serious workplace accidents. Below, our Houston workplace injury attorneys discuss what you should know about third-party workplace injury claims in Texas.
Yes. An injured worker in Texas may be able to file a personal injury lawsuit against a third party whose negligence or other legally actionable conduct contributed to the accident. This may be possible even if the worker is receiving workers’ compensation benefits through their employer.
Under Texas Labor Code Section 417.001, an injured employee or their legal beneficiary may seek damages from a third party who is legally responsible for a work-related injury or death while also pursuing workers’ compensation benefits.
This is important because workplace accidents do not always involve the actions of an employee or their direct employer alone. A serious injury may involve unsafe equipment, a dangerous property condition, inadequate maintenance, or the actions of another person or company working at the same location.
For example, imagine a construction worker is injured when a piece of equipment malfunctions at a jobsite. The worker’s employer may provide workers’ compensation benefits, but an investigation could reveal that the equipment manufacturer, maintenance contractor, or another party contributed to the incident.
If the evidence supports a claim against one of those parties, the worker may have a separate legal avenue to pursue compensation.
The identity of a potentially responsible third party depends on the circumstances of the accident. In many workplace injury cases, more than one company or individual may have played a role. Some examples include:
Construction sites, refineries, manufacturing facilities, and industrial worksites often involve multiple contractors performing different tasks. If another contractor or subcontractor creates a dangerous condition, operates equipment unsafely, or otherwise contributes to an accident, that company may be a potential defendant.
For example, a worker could be injured when another contractor improperly secures equipment, leaves an unprotected opening, or performs work that creates a hazard for nearby employees. The fact that both companies are working on the same project does not automatically establish liability. The specific responsibilities and actions of each party must be examined.
A property owner or facility operator may potentially be responsible when a dangerous condition on the property contributes to a worker’s injury. Examples might include:
However, Texas law places important limits on certain claims involving independent contractors and their employees. For example, Chapter 95 of the Texas Civil Practice and Remedies Code may apply when an injury arises from the condition or use of an improvement to real property during construction, repair, renovation, or modification. When it applies, a property owner generally must have exercised or retained control over the manner of the work and had actual knowledge of the danger without adequately warning the injured worker.
Sometimes, a workplace accident involves a defective or dangerously designed product rather than an unsafe action by another worker. Manufacturers, distributors, or other parties in the product supply chain may potentially be responsible when a defective product causes an injury. Examples may include:
A product liability claim may involve questions about the product’s design, manufacturing, warnings, or instructions. Depending on the facts, other parties involved in distributing or selling the product may also warrant investigation.
Many industrial and commercial facilities rely on outside companies to inspect, repair, and maintain machinery and equipment. If a maintenance company performs repairs improperly, fails to address a known problem within its responsibilities, or creates a dangerous condition, its conduct may contribute to a workplace accident. These cases can require a close examination of maintenance agreements, inspection reports, repair histories, and communications about equipment problems.
Not every workplace injury happens inside a facility or on a construction site. Employees who drive for work or perform duties near traffic may be injured in accidents involving other drivers. For example, a delivery worker, utility employee, or road construction worker may be struck by a negligent motorist while performing job duties. In those circumstances, the injured worker may be able to pursue a claim against the responsible driver while also exploring available workers’ compensation benefits.
Texas workers’ compensation law can be confusing because it treats claims against employers differently from claims against other responsible parties. When an employer carries workers’ compensation insurance, the Texas Workers’ Compensation Act generally makes workers’ compensation benefits the exclusive remedy against that employer for a covered workplace injury. This protection generally extends to the employer’s agents and employees as provided by law.
However, that does not automatically protect unrelated third parties from liability. Under Texas Labor Code, an injured worker may pursue a third-party claim while also receiving workers’ compensation benefits. There is an important financial consideration, though: the workers’ compensation insurance carrier may have a right to recover certain benefits it has paid from a third-party settlement or judgment. This is known as subrogation. The rules governing reimbursement and future benefits can affect how a third-party recovery is distributed.
Texas is different from most other states because private employers are not required to carry workers’ compensation insurance. Employers that do not provide workers’ compensation coverage are called non-subscribers.
If your employer is a non-subscriber, you may have the right to pursue a personal injury claim directly against the employer, depending on the circumstances. These claims are different from third-party claims involving another company or individual. The distinction matters because an injured worker’s legal options may depend on whether the employer carries workers’ compensation coverage and whether another party contributed to the accident. Determining the employer’s coverage status is an important early step when evaluating a potential workplace injury claim.
If a third party is legally responsible for a workplace injury, an injured worker may be able to pursue damages beyond the benefits available through workers’ compensation. Depending on the facts and applicable law, recoverable damages may include:
The damages available will depend on the nature of the claim, the evidence, and the applicable law. Not every category of damages is available in every case.
If a workplace accident results in a worker’s death, eligible surviving family members may also have potential wrongful death or survival claims, depending on the circumstances.
Consider speaking with an attorney if you were seriously injured at work and believe another company, contractor, property owner, manufacturer, or individual may have contributed to the accident. This can be particularly important when an injury involves:
An attorney can review the circumstances, help identify potentially responsible parties, and explain how workers’ compensation rules may affect your options.
Potentially, yes. The circumstances of the accident and the third party’s conduct will determine whether a claim may be available.
Possibly. If a contractor or subcontractor’s conduct contributed to your injury, that company may be a potential defendant.
In some circumstances. Texas law has special requirements on certain claims involving property owners and construction-related work. Control over the work and actual knowledge of the dangerous condition may be important considerations.
Potentially. If a defective product caused or contributed to your injury, you may have a product liability claim against a manufacturer or another responsible party. The type of defect, available evidence, and applicable legal requirements will affect the claim.
Texas law allows eligible injured workers to pursue third-party claims while receiving workers’ compensation benefits. However, the insurance carrier may have a subrogation interest in a settlement or judgment.
Many Texas personal injury claims are subject to a two-year statute of limitations. However, the applicable deadline can depend on the type of claim and other circumstances.
A workplace injury can affect nearly every part of your life, from your health and ability to work to your family’s financial stability. And when multiple companies or individuals may have contributed to an accident, understanding who may be responsible can make an already difficult situation even more complicated.
At Kherkher Garcia, we represent injured individuals and families in serious workplace accident, industrial injury, and product liability cases. Our team can answer your questions, help investigate what happened, identify potentially responsible parties, and explain the legal options that may be available.
If you or someone you love has been injured at work, contact us for a free consultation. We’re here to listen and help you understand what comes next. Get started with a free consultation by calling 713-333-1030, or by submitting our online contact form.
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Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
