Do i have a third party claim if i got injured at work because of someone else's negligence?

Asked over 3 years ago - Houston, TX

while working I fell through a board that was on the ground at a customer's premises.
the board was covering a 30-40 foot sewer with at least 6 feet of sewage water etc. As I stepped on it it must have been rotten caused it cracked and i fell 30-40 feet.
I was not badly injured, but did hurt my back and was treated by the company doctor for a couple of weeks and sent back to light duty. I smelled like sewage for a week and my wife and family did not want to get close to me afraid I had different bacteria on me. my baby was sent to his grandmother's cause my wife didnt want me holding him because of the bacteria in sewage water. I just want to know if I have a case to sue the premise owner who was a municipal water district. Please advise.

Attorney answers (3)

  1. Isabel Cristina De La Riva

    Contributor Level 10

    1

    Lawyer agrees

    Answered . First, I am sorry that you were injured. It's clear that you suffered as a result of someone else's negligence. You do have a right to bring a claim against the district for negligence -- as a governmental entity there are notice requirements and caps on damages (all due to tort reform). If you are interested in speaking with me or hiring our Legal Team to assist you with this claim, feel free to contact me. 210-224-2200.
    Thank you.

  2. Parker Price Polan

    Contributor Level 13

    Answered . You may indeed have a claim against the third party. However, since it's a municipality there may be some limitations as to how much and for what you can recover. I would be glad to discuss this with you, explain the claims process and answer any questions you may have. 512-472-8318 or parkerpolan@gmail.com

  3. David J. McCormick

    Contributor Level 20

    Answered . You need to speak with an experienced personal injury attorney ASAP because the owner of the premises is a municipality and there are governmental notice requirements that can bar your right to file a lawsuit if the requirements are not followed in every way.

    That said, I am not licensed in Texas but in many states the worker’s comp. carrier has a right of subrogation in third party cases, meaning they can recover all the money they paid you. Thus, your potential third-party case must have adequate damages to pursue. From the facts provided an attorney may not view this as a matter they want to proceed with given your lack of (luckily) permanent injuries. The fact that you smelled for 1 week does not translate into damages that would be enough to overcome the worker’s comp. lien and your attorney’s fees.

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