When a non-subscriber work injury in Texas involves multiple liable parties, the injured worker may pursue compensation from each responsible entity through third-party liability claims. Unlike traditional workers' compensation, non-subscriber cases allow employees to file negligence claims against employers, contractors, equipment manufacturers, or property owners whose actions contributed to the injury.
Texas is unique in allowing employers to opt out of the state’s workers' compensation system, meaning injured employees must often seek damages through personal injury lawsuits. When multiple parties share fault, determining liability becomes more complex—but also opens additional avenues for recovery. Dallas work injury attorney Warren Armstrong specializes in these cases, helping injured workers navigate the legal challenges of multi-party claims.
Understanding Non-Subscriber Work Injury Claims in Texas
Texas employers who decline workers' compensation coverage (known as "non-subscribers") are not protected by the exclusive remedy rule, meaning employees can sue them directly for negligence. However, when other parties—such as contractors, equipment manufacturers, or property owners—also contributed to the injury, the injured worker may file claims against them as well.
Key Differences Between Workers’ Comp and Non-Subscriber Claims
- Workers’ compensation claims. Provide limited, no-fault benefits but prevent employees from suing their employer.
- Non-subscriber claims. Allow lawsuits against the employer and other negligent parties, potentially resulting in higher compensation.
Because non-subscriber cases rely on proving negligence, identifying all responsible parties is crucial.
Common Scenarios Involving Multiple Liable Parties
Workplace injuries often result from multiple failures, not just employer negligence. Below are common situations where third-party liability may apply.
1. Injuries Involving Subcontractors Or Temporary Staffing Agencies
Many worksites include employees from multiple companies. If a subcontractor’s negligence contributes to an injury, they may share liability.
For example, a construction worker is injured due to faulty scaffolding erected by a subcontractor. The injured worker may sue both the general contractor (their employer) and the subcontractor.
2. Defective Equipment Or Machinery Accidents
If a malfunctioning tool or machine causes an injury, the manufacturer or maintenance provider may be liable under product liability laws.
For example, a factory worker suffers severe burns due to a defective press machine. They may file a claim against both their employer (for inadequate training) and the equipment manufacturer (for a design flaw).
3. Premises Liability Claims Against Property Owners
If a hazardous condition on a third party’s property causes an injury, the property owner may be liable—even if they are not the employer.
For example, a delivery driver slips on an unmarked wet floor in a client’s warehouse. They may pursue a claim against both their employer (for lack of safety protocols) and the warehouse owner (for failing to address the hazard).
4. Motor Vehicle Accidents Involving Third Parties
Employees driving for work may be injured due to another driver’s negligence, opening a claim against the at-fault motorist.
For example, a truck driver is hit by a distracted driver while making deliveries. They may sue the other driver while also pursuing a claim against their employer if unsafe policies contributed to the accident.
How Compensation Works in Multi-Party Non-Subscriber Cases
When multiple parties share fault, Texas follows proportionate responsibility rules under Chapter 33 of the Texas Civil Practice and Remedies Code. This means:
- Each party’s percentage of fault determines how much they must pay
- If the injured worker is partially at fault, their compensation is reduced by their assigned percentage
- A party found 51% or more at fault may be held jointly liable for all damages
Types of Damages Available
In non-subscriber cases involving third-party liability, injured workers may recover:
- Medical expenses (past and future treatment costs)
- Lost wages (including diminished earning capacity)
- Pain and suffering (physical and emotional distress)
- Punitive damages (in cases of gross negligence)
Steps to Take After a Multi-Party Workplace Injury
When a workplace injury involves multiple liable parties—especially in non-subscriber cases where negligence must be proven—acting fast is crucial. Unlike standard workers’ comp claims, your ability to recover full compensation hinges on preserving evidence like incident photos, witness statements, and security footage, while also identifying every potentially responsible entity (contractors, equipment suppliers, or property owners).
Employers and insurers will quickly shift blame, but thorough documentation creates an undeniable record—so take prompt action to:
- Report the injury immediately to your employer, following company protocols
- Seek medical attention and keep detailed records of all treatments
- Document the scene (photos, witness statements, incident reports)
- Preserve evidence (defective equipment, safety logs, maintenance records)
- Consult a Dallas injury attorney experienced in third-party liability claims
Taking these steps helps protect your right to pursue full compensation from all negligent parties. In complex multi-party cases, early legal guidance can make the difference between a denied claim and a successful recovery.
Why Legal Representation Is Critical
Proving negligence against multiple parties requires thorough investigation and legal strategy. Warren Armstrong focuses exclusively on non-subscriber cases, ensuring injured workers have an advocate who understands:
- How to identify all liable parties
- How to negotiate with multiple insurers
- How to build a strong case under Texas negligence laws
When a non-subscriber work injury involves multiple liable parties, the path to fair compensation becomes more complex—but also more opportunities exist for recovery. By pursuing third-party liability claims against all negligent entities, injured workers can maximize their compensation.
If you’ve been injured while working for a non-subscriber employer and believe multiple parties are at fault, consulting an experienced attorney like Warren Armstrong can help ensure your rights are protected.
