Texas Construction Accident Lawyer
Texas is the only state that does not require private employers to carry workers compensation. On a construction site that single fact changes what claims exist, and it is the first thing worth establishing.
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Subscriber or non-subscriber, and why it decides everything
An employer that carries workers compensation is a subscriber. An injured employee receives benefits without proving fault, and in exchange generally cannot sue the employer.
An employer that does not carry it is a non-subscriber. It can be sued directly in negligence, and critically it loses the common law defenses: it cannot argue the worker was contributorily negligent, assumed the risk, or was injured by a coworker. That is a substantial shift in favor of the injured worker.
Third party claims, which exist either way
Even where the employer is a subscriber, claims against other parties on the site remain available. Construction sites are crowded with separate companies: general contractors, subcontractors, equipment suppliers, crane operators, scaffolding companies and property owners. A worker injured by another company's negligence has a claim against that company that workers compensation does not bar.
Chapter 95 and the control question
Chapter 95 of the Texas Civil Practice and Remedies Code limits when a property owner is liable to a contractor's employee working on an improvement. The owner is generally liable only where it retained control over the manner of the work and had actual knowledge of the danger.
Control is therefore the central factual question in many site cases, and it is decided by what actually happened day to day rather than by what the contract says. Safety meeting records, site directives and testimony about who gave instructions all bear on it.
The hazards that produce the most serious injuries
Falls from height remain the leading cause of death in construction. Being struck by falling objects or moving equipment, caught-in and caught-between injuries in trenches and machinery, and electrocution from contact with power lines account for most of the rest. Trench collapse is almost always the result of a shoring failure rather than an unforeseeable event.
Evidence on an active site
Sites change daily. Scaffolding is dismantled, trenches are filled and equipment is repaired or returned. Photographs taken in the first hours, along with OSHA inspection records, daily reports, toolbox talk sign-in sheets and equipment inspection logs, are what preserve the picture.
Do you have a construction accident claim?
The first question is whether your employer carries workers compensation. If it does not, you can sue it directly in negligence and it loses the defenses it would otherwise have.
The second question applies either way: did another company on the site cause the injury. Construction sites involve many separate contractors, and a claim against one of those is not barred by workers compensation even where your own employer is covered.
How responsibility gets divided on a busy site
Section 33.001 applies, and on a site with several contractors the allocation is genuinely contested between them. Each defendant has an interest in shifting responsibility to another, and to the injured worker.
Chapter 95 adds a further layer where the property owner is a defendant, limiting liability to situations where the owner retained control over how the work was done and had actual knowledge of the danger. Control is decided by what happened day to day, not by the contract.
Deadlines, and the ones that are not two years
The limitations period is two years from the injury under section 16.003. Two things commonly run sooner. A workers compensation claim carries its own reporting requirements measured in days. Where the site or the project belongs to a governmental entity, formal written notice can be required within months.
What it costs to bring one of these claims
The firm works on a contingency fee and advances case expenses. Construction cases usually require a safety expert to establish what the applicable standard required, and sometimes an engineer where equipment or a structure failed. Those costs are carried by the firm.
Immigration status does not affect the right to recover for injury caused by another party's negligence in Texas.
What this kind of claim can recover
| Employer status | Claim against employer | Defenses available to employer | Third party claims |
|---|---|---|---|
| Subscriber to workers compensation | Generally barred | Not applicable | Available against other companies on site |
| Non-subscriber | Direct negligence claim | Cannot argue contributory negligence, assumption of risk or coworker negligence | Available against other companies on site |
More on construction accidents
Construction Accident Claim Value
The answer turns on something most injured workers are never told: whether the claim is a workers compensation claim, a third-party claim, or both.
ReadDeadline to File a Construction Claim
Two years for a negligence claim, but the deadline that catches people is the workers compensation reporting requirement, which is measured in days.
ReadWho Can File a Construction Claim?
Employees, subcontractors, independent contractors, delivery drivers and members of the public passing a site all have potential claims.
ReadWho Is Liable on a Construction Site?
Rarely one party. A site has a general contractor, subcontractors, an owner, equipment suppliers...
Read
Related practice areas
Injury claims overlap. These are the areas most often connected to this one.
Premises Liability
A property owner is not automatically responsible when someone is hurt on their land.
Learn moreBurn Injuries
Burn injuries are measured by depth and by how much of the body is affected, and both drive a course of treatment that can run for years.
Learn moreTraumatic Brain Injuries
A traumatic brain injury is the injury most often missed at the emergency room and most often disputed afterwards.
Learn moreWrongful Death
Texas gives specific family members the right to bring a wrongful death claim, and gives the estate a separate claim of its own.
Learn more
Frequently asked questions
No. Texas is the only state that does not require private employers to carry it. An employer without coverage is a non-subscriber and can be sued directly in negligence, and it loses the usual defenses such as contributory negligence and assumption of risk.
You generally cannot sue a subscribing employer, but claims against other companies on the site remain available. Construction sites involve many separate contractors, and a claim against one of those is not barred by workers compensation.
Sometimes. Chapter 95 generally limits an owner's liability to a contractor's employee to situations where the owner retained control over how the work was performed and had actual knowledge of the danger. What happened day to day matters more than what the contract says.
Immigration status does not remove the right to recover for injury caused by another party's negligence in Texas. It can raise separate questions about how lost earnings are calculated, which is a matter to discuss with a lawyer directly.
Photographs taken before the site changes, the names of every company working in the area, any OSHA involvement, and the daily reports and equipment inspection logs. Sites are altered within hours, and the scene as it was is rarely recoverable later.
Yes, and it may be sooner than you expect. A workers compensation claim carries reporting requirements measured in days, and where a governmental entity owns the site, formal written notice can be required within months, separately from the two year limitations period.
Find out where your claim stands
A free consultation covers what your claim requires, what the deadline is, and what insurance coverage is actually available.
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