Short answer. Yes. Article 174 confirms that when a disability or death is caused by circumstances creating a legal liability against a third party, the employee or dependents are still paid by the System under this Title. Someone else being legally at fault does not bar your compensation claim — it triggers a separate recovery process afterward.
What the law says
When the disability or death is caused by circumstances creating a legal liability against a third party, the disabled employee or the dependents, in case of his death, shall be paid by the System under this Title.
Labor Code, Article 174 — Third-Party Liability And Subrogation. Read the full provision →
Your claim against the System is not conditioned on who's at fault
Article 174 starts from the situation where your injury exists at the intersection of two potential remedies: employees' compensation, and a possible claim against whoever actually caused the harm. It resolves any doubt about whether the second possibility cancels out the first. Where the disability or death is caused by circumstances creating a legal liability against a third party, you or your dependents are still to be paid by the System under this Title. The existence of a third party's fault does not require you to choose between compensation and a separate claim, or to wait for one to conclude before pursuing the other.
What happens to your right against the third party
Once the System pays your benefit, Article 174 does not simply let a separate, independent claim against the third party sit alongside it untouched. The System is subrogated to the rights of the disabled employee or the dependents — meaning it steps into your shoes for purposes of pursuing that third party, in accordance with the general law. Practically, this means the System, not you personally, generally becomes the party positioned to go after the third party once it has already paid your benefit, since it is now standing in your place for that specific right of recovery.
What you can still receive if the System recovers more
The article also protects you from being shortchanged if the System's recovery from the third party turns out to be worth more than what you were paid. Where the System recovers damages in excess of those paid or allowed under this Title, that excess is delivered to the disabled employee or other persons entitled thereto, after the System deducts the cost of proceedings and expenses it incurred pursuing the claim. So a larger third-party recovery is not simply kept by the System — the portion beyond your compensation benefit is meant to come back to you.