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.
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 firstname.lastname@example.org
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.
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