Third Party Workers Compensation Liability

by Michael J. Murray on 02/21/2012

Stephen Cutchall of Texas was only 20 years old when he was tragically killed this past Friday at work.  In the very early weeks of 2012, the number of Texas workplace fatalities seems to be growing every week. Job-related deaths can often be prevented if appropriate safety measures are undertaken to ensure workers are protected.

Jackson Pipe and Steel employed Cutchall at the time of his jobsite accident. The company’s website indicates that it is the largest distributor of pipe and steel products in Northeast Texas. Its corporate headquarters are in Texarkana, Texas. 

Early investigation reveals that a broken heavy metal support beam fell and struck him. Since his employer is a distributor, Cutchall was possibly injured and died as a result of injuries sustained on a third party’s job site. 

When a worker is injured or killed on property owned or controlled by a third party who is not his or her employer, the worker and/or his survivors can maintain a lawsuit directly against the third party for damages. 

Under Texas law, workers’ compensation exclusively covers on-the-job injuries caused by your own employer’s negligence. However, if you are hurt while operating in the course and scope of your employment by acts or negligent supervision of third parties, including suppliers and subcontractors, you can seek damages outside of workers’ comp. If an injury or wrongful death was even partially caused by the negligence of someone other than the employer or co-employees, a personal injury lawsuit can be filed in addition to obtaining workers’ compensation.

Contact Watts Guerra Craft LLP Third Party Workers Compensation Attorneys

The trial lawyers of Watts Guerra Craft LLP have unparalleled courtroom experience and we are proud to represent the people of Texas who have suffered an injury at work. We have successfully handled hundreds of personal injury and product liability claims, representing injured workers against all parties responsible for their damages. Contact our litigation team today for answers to your questions.

Tags: Workplace Injury, Workers Compensation, Texas

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