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Can I Receive Workers Comp If Accident Was Caused By Subcontractor?

If you really were injured by an employee, or a piece of equipment, owned by another company active on that construction site, then your claim technically lies outside your employer's purview (assuming he subscribes to the Texas workers’ compensation fund).

Quite reasonably, your boss will not want to file a workers’ comp claim on your behalf, since injured workers cost companies money in insurance premiums, and can expose them to scrutiny from state authorities.

What your boss neglected to tell you, either innocently or not so innocently, is that you are entitled to sue the company that caused your injury in a so-called “third-party lawsuit.” This civil lawsuit has nothing to do with the Texas workers’ comp system, and is equivalent to, say, suing another car driver if you have been injured in a crash. If you win, the company has to pay cash damages to cover your medical bills, time off from work, and (possibly) pain and suffering. (Why would your boss not tell you that you have recourse to a third-party lawsuit? Well, maybe he's a friend to the subcontractor who was responsible for your injury, and doesn't want to see him dragged into court!)

If you have been injured on the job in Texas, the first thing you need to do (after having your injuries treated, of course) is to determine whether your employer or a third party was responsible—which will greatly affect your legal options. Questions? Call trial lawyer Jim Zadeh today at 888-713-5418 to find out what he can do for you!

Jim M. Zadeh
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Attorney at Law