A workplace injury is challenging on its own without having to sort through legal options. If a third party contributed to the accident, you may have a claim beyond workers’ compensation.
Braker White concentrates its practice on these third-party work injury cases, helping clients pursue the broader recovery available through personal injury claims across Odessa, Midland, Andrews, Pecos, and the surrounding Permian Basin.
Call 432-580-5421 for a free case review with an Odessa work injury lawyer.
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How Does Braker White Handle Work Injury Cases in Odessa?
Braker White represents injured workers who have been harmed by the negligence of a third party on a job site. This is not a workers' compensation firm.
The attorneys at Braker White pursue personal injury claims against parties outside your employer, seeking broader compensation than what workers' comp typically provides.
Attorneys Who Have Handled These Cases for Decades
Robert White began his career in 1983 handling workers' compensation and personal injury cases in Odessa.
He has spent over 40 years representing injured workers across West Texas and holds board certification in personal injury trial law from the Texas Board of Legal Specialization.
Greta Braker, who joined the firm in 2014 and became a named partner in 2023, holds the same board certification and graduated magna cum laude from Texas Tech University School of Law.
Both attorneys are members of the American Board of Trial Advocates and are admitted to practice in Texas and New Mexico.
What the Firm Does on Your Behalf
When you bring a work injury case to Braker White, the legal team focuses on building the strongest possible third-party claim. That process typically involves:
- Investigating the accident to determine which third parties acted negligently
- Gathering physical evidence, safety records, equipment logs, and witness statements before they are lost or altered
- Working with medical and vocational professionals to document the full impact of your injuries on your health and earning ability
- Handling all communication with insurance carriers and opposing counsel
- Preparing the case for trial if personal injury settlement negotiations do not produce a fair offer
The firm operates on a contingency fee basis, meaning you pay nothing upfront and owe no legal fees unless Braker White recovers compensation for you.
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What Is the Difference Between Workers' Comp and a Third-Party Work Injury Claim?
Workers' compensation and third-party claims serve different purposes, and many injured workers do not realize they may be eligible for both.
Workers' comp provides medical coverage and partial wage replacement regardless of who caused the accident, but it limits what you may recover and generally prevents you from suing your employer.
A third-party claim targets someone other than your employer whose negligence contributed to the injury and opens the door to additional types of compensation.
A Side-by-Side Comparison
| Workers' Compensation | Third-Party Personal Injury Claim | |
| Filed against | Your employer's insurance carrier | A negligent third party (contractor, manufacturer, property owner, etc.) |
| Fault requirement | No fault required | Must prove the third party's negligence |
| Available damages | Medical bills and partial wage replacement | Medical expenses, full lost wages, pain and suffering, loss of earning capacity |
| Right to sue employer | Generally barred | Does not involve the employer |
| Handled by Braker White | No | Yes |
Braker White does not handle workers' compensation cases. If a third party's negligence played a role in your workplace accident, the firm focuses on that claim specifically.
Who May Be Held Liable in an Odessa Work Injury Case?
In a third-party work injury claim, liability falls on someone other than your direct employer. Many job sites in the Permian Basin involve multiple companies working alongside each other, and each one has a duty to operate safely.
When one of those companies or entities fails in that duty and a worker gets hurt, a personal injury claim may follow. In some situations, injured employees may also worry about being fired for getting hurt at work after reporting the incident or seeking benefits.
Potentially Responsible Parties
The following parties may bear liability in a West Texas workplace accident depending on the facts:
- Subcontractors or independent contractors who create unsafe conditions or perform negligent work on a shared job site
- Equipment and machinery manufacturers who produce defective tools, vehicles, or safety systems that malfunction and cause injuries
- Property owners who fail to maintain safe premises or warn workers of known hazards on their land
- Trucking companies or vehicle operators whose negligent driving causes a crash involving a worker on the road or on a job site
- Chemical suppliers or vendors who provide hazardous materials without proper labeling or safety data
Identifying the right defendant is one of the most important steps in a work injury case, and it requires a careful investigation into the chain of events leading up to the accident.
What Types of Injuries Happen at Work in West Texas?
Workplace injuries in Odessa and across the Permian Basin tend to be severe because of the industries that drive the local economy.
Construction, oil and gas, transportation, and heavy manufacturing all carry elevated physical risks. When a third party's negligence causes an accident in one of these settings, the injuries often require long-term medical treatment and rehabilitation.
Injuries Braker White Handles
The most common work-related injuries that lead to third-party claims in the Odessa area include:
- Traumatic brain injuries from falls, equipment strikes, or explosions that affect cognitive function and daily living
- Spinal cord injuries and paralysis caused by falls from elevated work surfaces, scaffolding collapses, or vehicle rollovers
- Amputations and crush injuries involving heavy machinery, drilling equipment, or improperly guarded moving parts
- Severe burns and chemical exposure from fires, wellhead blowouts, or contact with toxic substances
- Broken bones, torn ligaments, and internal injuries from struck-by incidents, falls, and vehicle accidents on or near job sites
These injuries carry financial consequences that extend far beyond the initial hospital visit, and a third-party claim may address losses that workers' compensation does not cover.
What Compensation May Be Available Through a Third-Party Work Injury Claim?
A third-party personal injury claim may provide broader compensation than what workers' comp offers alone. Because these claims require proof of negligence, the range of recoverable damages is wider.
Types of Damages
Economic damages cover measurable financial losses tied to the injury, including past and future medical expenses, lost wages during recovery, and reduced earning capacity if the injury prevents you from returning to the same type of work.
Non-economic damages address harm that does not carry a specific dollar amount, such as physical pain, emotional distress, and loss of enjoyment of daily activities.
In rare cases involving extreme recklessness or intentional misconduct, Texas courts may also award punitive damages. These are not tied to your personal losses but serve to penalize especially egregious behavior by the at-fault party.
How Long Do You Have to File a Work Injury Claim in Texas?
Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of your workplace injury to file a personal injury lawsuit. Missing that deadline typically bars you from pursuing a claim.
Why Acting Quickly Helps Your Case
Work sites change constantly. Equipment gets repaired, crews rotate, and safety records may be discarded or overwritten.
The sooner an attorney begins investigating your accident, the more evidence is available to support your claim. Braker White begins collecting records and preserving evidence as soon as the firm takes on a case.
Texas also follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code Section 33.001. If you are found to be 51% or more at fault for the accident, you may not recover any compensation.
If your share of fault is below that threshold, your recovery is reduced by your percentage of responsibility.
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Do I need a lawyer if I got hurt at work in Odessa?
If a third party's negligence caused or contributed to your workplace injury, a personal injury attorney may help you pursue compensation beyond what workers' comp provides.
Braker White reviews the facts of your accident at no cost to determine whether a third-party claim exists and who may be held responsible.
Is this the same thing as filing for workers' comp?
No. Braker White does not handle workers' compensation cases. The firm pursues third-party personal injury claims against contractors, equipment manufacturers, property owners, and other negligent parties.
These claims operate under different legal rules than workers' comp and may allow for broader compensation, including pain and suffering.
What does it cost to hire Braker White for a work injury case?
Braker White takes work injury cases on a contingency fee basis. You pay no fees upfront and owe nothing unless the firm recovers compensation for you. The initial case review is free.
FAQs for Odessa Work Injury Lawyers
How do I know if I have a third-party work injury claim?
If someone other than your employer caused or contributed to your workplace accident, you may have a third-party claim.
Examples include a subcontractor creating an unsafe condition, a manufacturer selling defective equipment, or a property owner failing to fix a known hazard. An attorney reviews the facts of your accident and identifies who may be liable.
What is the deadline for filing a work injury lawsuit in Texas?
Texas law generally gives you two years from the date of your injury to file a personal injury lawsuit.
If a worker dies from a job site injury, surviving family members typically have two years from the date of death to file a wrongful death claim. Missing these deadlines may permanently prevent you from recovering compensation.
What evidence helps prove a third-party work injury claim?
Useful evidence includes photographs of the accident scene, equipment involved, and your injuries. Safety inspection records, maintenance logs, work-related incident reports, and witness statements also strengthen a claim.
Medical records documenting the nature and extent of your injuries are equally important. Collecting and preserving this evidence early improves the strength of your case.
What if my employer does not carry workers' compensation insurance?
Texas does not require private employers to carry workers' comp insurance. If your employer is a non-subscriber, you may have the right to file a personal injury lawsuit directly against them, in addition to any third-party claims.
Non-subscriber cases follow different rules and may allow for a wider range of damages than a standard workers' comp claim.
What if I was partly at fault for my work injury?
Texas uses a modified comparative negligence system. You may still recover compensation as long as your share of fault is less than 51%. Your total recovery is reduced by your assigned percentage of responsibility..
Talk to an Odessa Work Injury Lawyer at No Cost
If you were injured on the job and believe someone outside your employer may be responsible, it is important to understand your legal options as soon as possible. Third-party claims can involve complex facts and multiple parties, making early investigation critical.
Braker White’s Odessa work injury lawyers are available to evaluate your situation, explain whether a third-party claim may apply, and guide you through the next steps.
Call 432-580-5421 to schedule a free case review. There are no upfront fees, and you owe nothing unless compensation is recovered.