Texas Personal Injury: Construction Site Accident Help
If you were hurt on a Texas construction site, get medical care, report the injury quickly, preserve evidence, and speak with a Texas construction injury attorney. Whether your employer carries workers’ compensation changes your options. Strict notice and filing deadlines apply, and you may also have claims against third parties such as general contractors, subcontractors, or equipment manufacturers.
What To Do After a Construction Site Injury in Texas
- Get medical care immediately and tell the provider it was work related.
- Report the injury to your employer as soon as possible and follow site procedures in writing.
- Preserve evidence: take photos, identify equipment, collect witness names, and secure incident or OSHA reports.
- Limit statements and avoid social media posts about the incident.
- Consult an attorney experienced in Texas construction accidents to assess workers’ compensation, non-subscriber, and third-party options.
Practical Tips To Protect Your Claim
- Use one pharmacy and keep every receipt and mileage log for treatment.
- Request copies of incident reports, safety meetings, and training records.
- Ask your supervisor to confirm your report in writing and save the confirmation.
- If equipment failed, ask that it be preserved and not put back in service.
Quick Checklist
- Emergency care and written report to employer
- Photos, witness info, and equipment details
- Names of all companies on site (GC, subs, staffing)
- Medical off-work notes and restrictions
- Attorney consultation before recorded statements
Workers’ Compensation vs. Non-Subscriber Employers
Texas generally does not require private employers to carry workers’ compensation coverage (Tex. Lab. Code ch. 406).
- Subscribers: Your primary remedy against the employer is the workers’ compensation system; suing the employer for negligence is typically barred by the exclusive remedy rule (Tex. Lab. Code § 408.001). You may still pursue third-party claims.
- Non-subscribers: You may sue the employer for negligence. Non-subscribers lose certain defenses, including contributory negligence, assumption of risk, and the fellow-servant rule (Tex. Lab. Code § 406.033).
- Third-party claims: You may pursue claims against at-fault parties other than your employer. A comp carrier may have subrogation rights (Tex. Lab. Code ch. 417).
Reporting and Notice Requirements
- Employee notice: Generally notify the employer within 30 days (Tex. Lab. Code § 409.001).
- File a claim: Generally within one year with the Division of Workers’ Compensation (Tex. Lab. Code § 409.003).
- Employer report: Certain injuries must be reported within 8 days (Tex. Lab. Code § 409.005).
- Civil deadlines: Many personal injury and wrongful death claims have a general two-year limit (Tex. Civ. Prac. & Rem. Code § 16.003). Deadlines vary; get legal advice promptly.
Who Can Be Liable on a Construction Site?
Responsibility depends on control, contracts, and conduct.
- Property owners and general contractors: Potentially liable for premises defects or negligent activity if they retained or exercised control over the work that caused the injury.
- Subcontractors: Liable for their own negligence and unsafe work they control.
- Employers: Liability depends on subscriber status and the workers’ compensation bar.
- Product manufacturers and rental companies: May be responsible for defective equipment or inadequate warnings.
- Other third parties: Safety consultants, crane operators, or trucking companies may share fault depending on their role.
Common Causes of Texas Construction Injuries
- Falls from heights, scaffolds, and ladders
- Struck-by and caught-in/between incidents
- Trench and excavation collapses
- Electrical shocks and arc flash
- Crane, hoist, and heavy equipment incidents
- Defective or missing fall protection or guards
- Hazardous premises and poor site coordination
Evidence That Strengthens Your Claim
- Incident and OSHA reports
- Safety manuals, JSAs, and toolbox talks
- Contracts and subcontracts showing who controlled safety
- Photos, video, and maintenance logs
- Witness statements and supervisor communications
- Medical records linking injuries to the incident
- Expert analysis on site safety or product defects
Benefits and Damages
- Workers’ comp (subscribers): Medical care and income benefits as allowed by Texas law (TDI: Injured Employees).
- Third-party or non-subscriber claims: Potential recovery for medical expenses, lost wages and earning capacity, pain, mental anguish, disfigurement, impairment, and possibly exemplary damages if gross negligence is proven (Tex. Civ. Prac. & Rem. Code ch. 41).
How Comparative Responsibility Works
In many negligence cases, Texas uses proportionate responsibility: a jury may assign fault percentages, reduce recovery by the plaintiff’s percentage, and bar recovery if the plaintiff is more than 50% at fault (Tex. Civ. Prac. & Rem. Code § 33.001). Special rules limit certain defenses in non-subscriber suits against employers (Tex. Lab. Code § 406.033).
Wrongful Death and Survival Claims
If a construction accident is fatal, certain family members may bring wrongful death claims, and the estate may bring a survival action for the decedent’s pre-death damages as allowed by statute (Tex. Civ. Prac. & Rem. Code ch. 71).
FAQs
Do I have a case if my employer has workers’ comp?
Often yes against third parties whose negligence contributed to the injury. You generally cannot sue a subscribing employer for negligence, but you can pursue third-party claims and workers’ comp benefits.
What if my employer is a non-subscriber?
You can sue the employer for negligence, and the employer cannot argue certain defenses like contributory negligence under Texas Labor Code § 406.033.
How long do I have to file?
Workers’ comp has a 30-day notice and generally a one-year claim deadline. Many civil injury claims have a two-year limitations period, subject to exceptions. Do not wait.
Who pays my medical bills now?
In comp cases, the carrier typically pays approved treatment. In third-party or non-subscriber cases, bills may be paid through health insurance, med-pay, letters of protection, or ultimately from a settlement or judgment.
Next Steps
- Seek immediate medical care and report the incident in writing.
- Gather evidence and keep a timeline of events.
- Do not sign releases or give recorded statements without advice.
- Contact a Texas construction injury attorney for a case evaluation.
Ready to protect your rights? Contact us now for a free, confidential consultation.
Sources
- Texas Department of Insurance, Workers’ Compensation Non-Subscriber FAQs
- Texas Labor Code ch. 406 (coverage; § 406.033)
- Texas Labor Code § 408.001 (Exclusive Remedy)
- Texas Labor Code ch. 409 (Notice; Claims)
- Texas Labor Code ch. 417 (Third-Party Liability)
- Texas Civil Practice & Rem. Code ch. 33 (Proportionate Responsibility)
- Texas Civil Practice & Rem. Code ch. 41 (Exemplary Damages)
- Texas Civil Practice & Rem. Code § 16.003 (Two-Year Limitations)
- Texas Civil Practice & Rem. Code ch. 71 (Wrongful Death and Survival)
- TDI: Workers’ Compensation Information for Injured Employees
Disclaimer
This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Legal outcomes and deadlines depend on your specific facts and current Texas law; consult a qualified Texas attorney about your situation.