Many injured workers assume that once they begin receiving workers’ compensation benefits, they have given up the right to sue anyone for their injuries. That is not always true.
In fact, thousands of injured Texas workers have claims beyond workers’ compensation that may allow them to recover significantly more than workers’ compensation benefits alone.
At Gilman & Allison, LLP, we regularly help injured workers determine whether a third-party lawsuit, maritime claim, or other legal action may be available after a workplace injury.
What Does Workers’ Compensation Cover?
Workers’ compensation is designed to provide certain benefits regardless of who caused the accident. Depending on the circumstances, benefits may include:
- Medical treatment
- Partial wage replacement
- Impairment benefits
- Death benefits for surviving family members
However, workers’ compensation generally does not compensate workers for pain and suffering, mental anguish, loss of enjoyment of life, or many other damages available in a personal injury lawsuit.
That is why determining whether another party may be legally responsible is so important.
Can You Sue After Receiving Workers’ Compensation?
Yes—under many circumstances.
Although you usually cannot sue your own employer if it carries workers’ compensation insurance, you may still have a claim against another person or company whose negligence contributed to your injuries.
These are commonly known as third-party claims.
Examples include:
- A negligent subcontractor
- A property owner
- A trucking company
- An equipment manufacturer
- A maintenance contractor
- A driver who caused a work-related vehicle collision
- A vessel owner in certain maritime cases
Workers’ compensation benefits and third-party lawsuits often exist at the same time.
Common Third-Party Workplace Injury Claims
Many workplace accidents involve companies other than the employer.
Examples include:
Construction Accidents
A general contractor, subcontractor, crane operator, or equipment supplier may have created an unsafe worksite.
Commercial Vehicle Crashes
If you’re injured while driving for work because another driver caused the collision, you may have a claim against that negligent driver.
Defective Equipment
Manufacturers can be held responsible for dangerous or defective:
- Machinery
- Forklifts
- Scaffolding
- Ladders
- Power tools
- Industrial equipment
These product liability claims often provide damages unavailable through workers’ compensation.
Premises Liability
If you’re injured while working on someone else’s property, the property owner may be legally responsible for unsafe conditions.
Maritime Workers Have Additional Rights
Texas is home to some of the busiest ports in the United States, including the Port of Houston, Galveston, Corpus Christi, Beaumont, Texas City, and Freeport.
If your injury occurred while working:
- On a vessel
- At a container terminal
- On a dock
- At a refinery
- Offshore
- Along the Houston Ship Channel
your rights may be governed by federal maritime law, not traditional workers’ compensation.
Depending on your employment status, you may have claims under:
- The Jones Act
- The Longshore and Harbor Workers’ Compensation Act (LHWCA)
- General Maritime Law
- Section 905(b) vessel negligence claims
These laws can allow injured maritime workers to pursue damages well beyond standard workers’ compensation benefits.
Can You Receive Workers’ Compensation and Still File a Lawsuit?
Yes.
Receiving workers’ compensation benefits does not automatically prevent you from filing a lawsuit against a responsible third party.
In many cases:
- Workers’ compensation pays immediate benefits.
- A third-party lawsuit seeks full compensation from the negligent party.
Although the workers’ compensation carrier may have reimbursement rights if you recover money from a third party, pursuing both claims can still substantially increase your total recovery.
What Damages Can a Lawsuit Recover?
Unlike workers’ compensation, a personal injury lawsuit may allow recovery for:
- Past and future medical expenses
- Full lost wages
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Permanent disability
- Disfigurement
- Wrongful death damages for surviving family members
Every case is different, making early legal evaluation critical.
Don’t Assume Workers’ Compensation Is Your Only Option
One of the biggest mistakes injured workers make is assuming that workers’ compensation is the only recovery available.
Many workers never learn that another company—not their employer—may actually be responsible for their injuries.
By the time they discover the possibility of a third-party claim, important evidence may be lost or legal deadlines may have passed.
An experienced attorney can identify all potentially liable parties and preserve your right to recover.
Why Choose Gilman & Allison, LLP?
At Gilman & Allison, LLP, our attorneys represent injured workers throughout Texas, including Houston, Pearland, Galveston, Corpus Christi, Baytown, Pasadena, Beaumont, Port Arthur, and communities across the Gulf Coast.
We handle cases involving:
- Workplace injuries
- Construction accidents
- Maritime injuries
- Longshore and harbor worker claims
- Jones Act claims
- LHWCA claims
- Refinery and industrial accidents
- Trucking accidents
- Catastrophic injuries
- Wrongful death claims
We understand that every workplace accident is different, and we work to identify every possible source of compensation—not just workers’ compensation benefits.
Contact a Texas Workplace Injury Attorney Today
If you were injured on the job, don’t assume accepting workers’ compensation benefits means you cannot sue.
You may have valuable legal claims against third parties that could significantly increase your recovery.
The attorneys at Gilman & Allison, LLP can evaluate your case, explain your options, and help determine whether a third-party or maritime claim is available.
Contact Gilman & Allison, LLP today for a free consultation and learn whether you can pursue compensation beyond workers’ compensation benefits.