Construction sites are full of activity, heavy equipment, electrical systems, and elevated work areas. When an accident happens, a worker’s life can change instantly. Medical bills, lost wages, and confusion about legal rights quickly follow. Understanding how Texas law treats workplace injuries is critical to protecting your health and financial future.
- Workers’ Compensation in Texas
Texas is the only state that allows private employers to choose whether to carry workers’ compensation insurance. This creates two different outcomes for injured workers.
If your employer has workers’ compensation, you receive medical care, partial wage replacement, and impairment benefits, and you do not have to prove negligence. In exchange, you usually cannot sue your employer for negligence due to the exclusive remedy rule. However, you may still pursue claims against third parties such as subcontractors, equipment manufacturers, or property owners.
If your employer opted out, you can sue them directly for negligence and seek full compensation including pain and suffering. Although you must prove negligence, non subscriber employers lose major defenses. They cannot claim you assumed the risk, that a coworker caused the accident, or that you were partially at fault. A lawyer can quickly confirm your employer’s coverage status.
- Common Construction Accidents and Who May Be Liable
Construction sites carry risks that often involve multiple companies. Common accidents include falls from heights, struck by incidents, electrocution, trench collapses, machinery entanglement, and toxic exposure to chemicals or dust.
Responsibility may fall on employers, subcontractors, equipment rental companies, manufacturers, property owners, general contractors, architects, or engineers. Determining all liable parties is essential because each claim may increase total compensation.
- When Employers Can Be Sued for Personal Injury
Employer liability depends on their workers’ compensation status. Non-subscribers can be sued for failing to provide safe working conditions, inadequate training, missing safety equipment, OSHA violations, or ignoring known hazards. Employers may also be liable for intentional misconduct or when acting in another capacity, such as a product manufacturer.
Subscriber employers are usually shielded from lawsuits, but you may still pursue claims against third parties whose negligence contributed to your injuries.
- The Power of Third Party Claims
Construction sites involve many companies working simultaneously, and third-party claims are often where the largest compensation comes from. You may sue general contractors, subcontractors, equipment manufacturers, property owners, engineers, rental companies, or utility providers if their negligence contributed to your injuries.
These claims allow full compensation that workers’ compensation does not provide. You may seek medical expenses, complete lost wages and earning capacity, pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life. In cases involving gross negligence, punitive damages may also be available.
- OSHA Violations as Evidence of Negligence
OSHA regulates workplace safety, and violations often play a major role in construction accident claims. Common violations include lack of fall protection, improper scaffolding, electrical hazards, unsafe trenching, and missing protective equipment.
OSHA citations do not automatically prove negligence, but they strongly support your claim by showing that recognized safety standards were ignored. Attorneys use OSHA reports, witness statements, and inspection findings to build powerful evidence.
- Strict Deadlines and Why Immediate Action Matters
Texas law imposes rigid deadlines for injury claims. Personal injury lawsuits and claims against non-subscriber employers must be filed within two years. Workers’ compensation injuries must be reported to the employer within 30 days and filed with the state within one year. Wrongful death lawsuits must be filed within two years.
Construction sites change constantly. Equipment is moved or repaired, hazardous conditions are altered, and witnesses relocate. Waiting too long makes it harder to preserve evidence and weakens your case. Early legal action protects your rights and ensures no deadlines are missed.
- What Compensation You Can Recover
Texas allows injured construction workers to recover economic and non-economic damages depending on the type of claim.
Economic damages include medical expenses, lost wages, lost earning capacity, vocational retraining, and property damage. Non-economic damages include pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, and loss of consortium. Punitive damages may apply when defendants act with extreme negligence or misconduct.
Undocumented workers can also pursue workers’ compensation and personal injury lawsuits. Immigration status does not affect the right to file a claim, and retaliation is illegal. Courts may limit future earning capacity claims, but all medical expenses and past wages may still be recovered.
- When You Need a Lawyer and How They Protect Your Case
You should consult a workplace injury lawyer when injuries are serious or permanent, liability is disputed, multiple parties may be responsible, workers’ compensation benefits are denied, your employer is a non-subscriber, or settlement offers are too low. Attorneys investigate the scene, preserve evidence, gather OSHA records, identify all liable parties, consult medical and economic experts, negotiate with insurance companies, and take cases to trial when necessary. Most work on a contingency fee basis.
A real example illustrates how complex construction cases work. Miguel, an electrical subcontractor employee, fell when a scaffold collapsed and suffered fractures and a spinal injury. His employer was a non-subscriber, and OSHA cited the scaffold company for violations. Miguel pursued claims against his employer, the scaffold subcontractor, and the general contractor, with the possibility of a claim against the manufacturer. Combined settlements totaled 850,000 dollars, far more than he would have received through workers’ compensation alone.
Construction accident cases in Texas involve complex laws and multiple potential defendants. Insurance companies have legal teams protecting their interests immediately after an accident. You deserve the same protection. The GDL Firm has recovered millions for injured workers across Texas and understands every aspect of construction injury law. Contact us for a free, confidential consultation. Visit https://www.gdlfirm.com/
Frequently Asked Questions
Q: Can I sue my employer if I get hurt at a construction site in Texas?
It depends on whether your employer has workers’ compensation insurance. Non-subscriber employers (those who opted out) can be sued directly for negligence. Subscriber employers generally can’t be sued, but you can still pursue third-party claims against other companies or individuals whose negligence contributed to your jobsite injury in Texas.
Q: What’s the difference between workers’ compensation and a personal injury lawsuit for a construction accident claim?
Workers’ compensation provides limited benefits (medical care and partial wage replacement) without proving fault, but you typically can’t sue your employer. Personal injury lawsuits require proving negligence but allow full compensation including pain and suffering, complete wage loss, and potentially larger damages from multiple liable parties.
Q: How long do I have to file a claim after a workplace injury in Texas?
For workers’ compensation, notify your employer within 30 days and file your claim within one year. For personal injury lawsuits, you generally have two years from the injury date. Missing these deadlines can permanently bar your claim, so consult a workplace injury lawyer in Texas immediately after your accident.
Q: What if multiple companies were involved in my construction accident—who pays?
All negligent parties can be held liable. A workplace injury lawyer in Texas will identify every entity that contributed to your accident (general contractors, subcontractors, equipment companies, property owners) and pursue claims against each. This often results in higher total compensation than single-defendant cases.
Q: Do I need a lawyer if my workers’ compensation claim was approved?
Not necessarily if it’s straightforward and covers all your needs. However, if your claim is denied, benefits are terminated early, you’re offered a settlement, or third parties may be liable, an attorney can significantly increase your total recovery by pursuing additional claims beyond workers’ compensation.