Hey there, Texas construction worker! Ever had that heart-stopping moment when something goes wrong on the job site? Maybe a scaffold collapsed, or equipment malfunctioned. Suddenly, you’re facing medical bills, lost wages, and a whole lot of uncertainty. This is when you’d ought to seek help from a Texas Construction Accident Lawyer! The Texas construction accident law isn’t as straightforward as you might think, but don’t worry – we’ve got your back. Let’s break down what you need to know about your rights and options when you’re injured on a Texas construction site.
Texas Workers’ Compensation System
Texas is unique because it doesn’t require employers to carry workers’ compensation insurance, meaning some companies opt out as non-subscribers. If your employer has workers’ comp, you typically can’t sue them, but you can file a claim for medical bills and lost wages. However, if they don’t have workers’ comp, you may have the right to sue for full damages, including pain and suffering
When You Can’t Sue Your Employer
If you’re hurt on a construction site in Texas, suing your employer isn’t always an option. Texas law protects employers who carry workers’ compensation insurance, meaning you usually have to go through the workers’ comp system instead of filing a lawsuit. Here’s when you can’t sue your employer after a construction injury:
Your Employer Has Workers’ Compensation
If your employer subscribes to Texas workers’ comp, you’re generally not allowed to sue them, even if their negligence caused your injury. Instead, you’ll need to file a workers’ comp claim to get benefits like medical treatment and partial wage replacement.
The Exclusive Remedy Rule Applies
Workers’ comp is designed to be your only option for recovering money from your employer. That means you can’t sue for things like pain and suffering or full lost wages. Workers’ comp benefits are limited, but they’re provided regardless of fault.
Exceptions Are Very Limited
The only major exception is if your employer’s gross negligence caused a fatal accident. In that case, the worker’s family may be able to sue for wrongful death. But for non-fatal injuries, even if your employer made serious mistakes, suing is off the table if they have workers’ comp.
When You Can Sue Your Employer
Most of the time, if your employer has workers’ compensation, you can’t sue them for a construction injury. But Texas is different from many states because employers aren’t required to carry workers’ comp. If your employer doesn’t have workers’ comp (a non-subscriber), or if certain legal exceptions apply, you may have the right to sue. Here’s when you can take legal action against your employer:
Your Employer is a Non-Subscriber
Unlike most states, Texas lets employers opt out of the workers’ comp system. If your employer doesn’t have workers’ comp insurance, you can sue them directly for your injuries. Doing so means they can’t use certain legal defenses, like claiming the accident was your fault.
Employer Negligence Caused Your Injury
If your employer failed to provide a safe work environment (e.g., ignoring safety rules, not training workers, or providing faulty equipment), you may have grounds for a lawsuit. In these cases, you can seek full compensation, including pain and suffering, medical bills, and lost wages.
Gross Negligence Resulted in a Fatal Injury
If a construction worker dies due to gross negligence (reckless disregard for safety), their family may be able to sue for wrongful death, even if the employer has workers’ comp. This is one of the few exceptions to the exclusive remedy rule, allowing families to seek higher damages.
Your Employer Retaliated Against You
If you were injured on the job and your employer fired you, demoted you, or retaliated because you reported the injury, you might have a separate legal claim against them. Texas law protects injured workers from employer retaliation, and a lawsuit could help you recover lost wages and other damages.
If you’re unsure whether you have the right to sue, consulting with a Texas Construction Accident Lawyer can help clarify your legal options.
Other Legal Options for Compensation
Even if you can’t sue your employer, you might still have other ways to get compensation. You could file a third-party lawsuit against a negligent subcontractor, equipment manufacturer, or another party responsible for your injury. In severe cases, if your employer’s actions were grossly negligent, you may also have a wrongful death or personal injury claim beyond workers’ comp benefits.
Steps to Take After a Construction Injury
Getting hurt on a construction site can be overwhelming, but what you do next can impact your ability to get compensation. Whether you’re filing a workers’ comp claim or considering a lawsuit, taking the right steps early on can protect your rights. Here’s what you should do after a construction injury in Texas:
Report the Injury to Your Employer ASAP
Tell your supervisor or employer about the accident as soon as possible. If you’re filing for workers’ compensation, Texas law usually gives you 30 days to report it, but reporting it right away strengthens your case.
Get Medical Attention
Even if your injury seems minor, see a doctor to document everything. If your employer has workers’ comp, you may need to visit an approved doctor, but if they don’t, you can choose your own.
Document the Accident
Write down exactly what happened, take photos of the scene, and get witness contact info. If possible, keep records of unsafe conditions, faulty equipment, or missing safety gear.
File a Workers’ Compensation Claim (If Applicable)
If your employer has workers’ comp, you’ll need to file a claim to start receiving benefits. Missing deadlines could delay or deny your benefits, so act quickly.
Consult a Construction Injury Lawyer
Whether your employer doesn’t have workers’ comp or you suspect negligence, talking to a lawyer can help you understand your legal options. A lawyer can help you determine if you qualify for additional compensation, like a lawsuit against a third party or your employer.
Take Action Now
Suing your employer for a construction injury in Texas depends on whether they carry workers’ compensation and if their negligence played a role. If they don’t have workers’ comp or acted with gross negligence, you may have the right to sue for full damages. Since every case is different, talking to a construction injury lawyer can help you figure out the best path forward.