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Filing a Third-Party Claim after a Work Injury 

The Fostel Law Firm Aug. 31, 2022

According to statistics from the Texas Department of Insurance, Division of Workers' Compensation (DWC), there were 178,600 non-fatal injuries reported by private industry employers statewide in 2020. In Texas, employees who suffer an injury or illness at work may be eligible to receive workers' comp benefits, including medical bills and lost income. Alternatively, you may seek damages by filing a personal injury claim (third-party claim) against the negligent party who caused your injury.  

At The Fostel Law Firm, I'm committed to offering personalized legal counsel, support, and compassionate representation to employees in their workers' compensation and third-party claims. As a practiced Texas personal injury attorney, I can assess your specific situation and inform you about the process for filing a third-party claim for a workplace injury. The Fostel Law Firm is a nationwide practice and can review cases from any state for no charge. Contact me today by reaching out to the Houston or Georgetown office.   

Common Causes of Workplace Injuries 

Here are some of the most common causes of workplace injuries: 

  • Defective or faulty equipment  

  • Slip and fall accidents  

  • Inadequate employee training  

  • Employer negligence  

  • Commercial vehicle accidents  

  • Safety code violations  

  • Inadequate protection at the worksite  

  • Unsafe working conditions  

A proficient personal injury lawyer can examine the surrounding possibilities of your workplace injury and educate you about the next steps to take after the injury or accident. 

Steps to Take Following an Injury  

Being involved in a work-related accident can be a painful experience. However, what you do – or do not do – can affect the outcome of your third-party claims. Therefore, when hurt in a workplace accident, you should take the following steps, where possible: 

  • Remain calm and get to safety.  

  • Find and inform your supervisor about the accident or injury.  

  • Seek immediate medical attention from a qualified physician.  

  • File an accident report with your employer or law enforcement.  

  • Gather and document a copy of the report, witness statements, accident scene pictures, or photos of your injury.  

  • Document medical reports, hospital bills, and medical treatments received.  

  • Document your personal account of the incident and how it has affected your daily life and work.  

  • Consult with or hire an attorney to help file your third-party claims and negotiate a fair settlement with the insurance company.  

A competent attorney can tell you about the possible options to file injury claims and guide you through every legal step involved. 

Filing a Third-Party Claim  

Filing a third-party claim is among the options to recover damages when involved in a work-related accident. Depending on the surrounding circumstances or events leading to the work accident, injury, or illness, you may file a third-party claim against any of the following parties or entities: 

Employer – Your employer if they failed to follow the necessary safety requirements or standards. 

Coworker – A coworker if you were injured by their negligent or wrongful actions. 

Product Manufacturer – A product manufacturer, designer, or seller if you were injured by a faulty, unsafe, or defective product. 

Others: Also, you may file a third-party claim against the insurance carrier of any of the following parties: 

  • Driver 

  • General contractor 

  • Contractor or subcontractor 

  • Engineers and Architects 

  • Property owner or construction site owner 

A skilled personal injury lawyer can review every detail of your case, identify the liable party (or parties), help file multiple claims, and help prove negligence. 

Proving Negligence 

In order to seek damages for your workplace injury, you must prove negligence by showing the following elements: 

Duty – The at-fault party (defendant) owed you a legal duty of care. 

Breach – The at-fault party breached that legal duty of care by acting negligently or carelessly. 

Causation – The at-fault party's negligent or careless actions caused your injuries. 

Damages – You suffered bodily injuries, actual harm, or damages due to the at-fault party's negligence. 

A trusted personal injury lawyer can help prove negligence, establish liability, and determine whether you can recover damages from both workers' compensation benefits and third-party claims.  


Subrogation is the legal right of a workers' compensation insurer to take civil action against a third party for reimbursement of insurance loss. It allows the worker's compensation insurance carrier to recover the monetary compensation – paid to the injured employee – from the at-fault party. 

When Will It Apply? 

Additionally, workers' compensation insurance providers in Texas may use subrogation to recover the costs of the injured worker's claim from the liable third party when: 

  • The direct action or inaction of the third party resulted in the employee's injuries.   

  • The employee was injured on a property owned by a third party due to the building's defective, dangerous, or unsafe conditions. 

  • A faulty or defective product or equipment owned, manufactured, or maintained by the third party caused the employee's injuries.   

A knowledgeable attorney can fight compassionately to protect your best interests and help you seek the financial justice you deserve. 

Knowledgeable Counsel: The Fostel Law Firm  

A workplace injury or illness can result in hospitalization, reduced productivity, or being unable to work. Thankfully, you may be entitled to seek damages by filing a third-party claim against the negligent party who caused your injury. A valuable personal injury attorney can advocate for your legal rights and help you seek fair financial compensation for your work injury.  

At The Fostel Law Firm, I have the expertise, resources, and diligence to help you hold those responsible for your work injury or illness accountable. I have the tools necessary to analyze all of the surrounding facts of your personal situation and explore your possible options to pursue damages. Also, I will attempt to direct you through the complicated third-party claims process and help you recover rightful financial compensation for your injuries, lost income, pain and suffering, and other potential damages.  

Contact my firm – The Fostel Law Firm – today to schedule a straightforward case assessment with a reliable personal injury attorney. My firm is proud to serve clients across Houston, Texas, and the Southeast New Mexico area.