What Are the Legal Options After a Construction Accident in Texas?

On behalf of Elliot posted in Injuries on Monday, July 28, 2025.

What Are the Legal Options After a Construction Accident in Texas?

Construction sites across Texas, from Dallas to Fort Worth, are some of the most hazardous work environments. If you’ve been injured in a Texas construction accident, understanding your legal rights is critical. Texas law provides several avenues for injured workers and bystanders to seek compensation, including claims against non-subscriber employers and third-party liability lawsuits.
construction hat left behind after accident at construction site.

Common Types of Construction Accidents in Texas

Construction accidents often involve severe or even fatal injuries. According to the Texas Department of Insurance (TDI), common construction site accidents include:

  • Falls from scaffolding, ladders, or rooftops
  • Electrocutions and electrical burns
  • Falling objects or debris
  • Equipment malfunctions and machinery accidents
  • Trench collapses and structural failures

Texas Employer Liability: Workers’ Compensation vs. Non-Subscriber Claims

Texas is unique in that it does not require private employers to carry workers’ compensation insurance. Employers that opt out are called non-subscribers under Texas Labor Code Chapter 406. This distinction directly impacts your legal options:

  • Workers’ Compensation: If your employer carries it, benefits include medical care and a portion of lost wages, but you generally cannot sue the employer.
  • Non-Subscriber Employers: You may sue for negligence and recover full damages, including pain and suffering. Texas Labor Code § 406.033 outlines these rights.

Third-Party Liability in Texas Construction Accidents

Even if your employer has workers’ compensation coverage, you may have a separate claim against a third party. Common third-party defendants in Texas construction injury lawsuits include:

  • Property owners and site managers under Texas Civil Practice and Remedies Code Chapter 75 (Premises Liability)
  • General contractors and subcontractors
  • Equipment manufacturers and rental companies under Texas Products Liability Law
  • Architects and engineers responsible for unsafe designs

Examples of Third-Party Claims

  • A scaffolding collapse caused by defective materials
  • An injury from an unsafe worksite controlled by a property owner or general contractor
  • Electrocution caused by faulty power tools

Steps to Take After a Texas Construction Accident

To protect your legal rights after a construction site injury in Texas, follow these steps:

  1. Report the incident to your employer or site supervisor immediately.
  2. Seek medical treatment and document your injuries thoroughly.
  3. Gather evidence including photographs, witness contact information, and accident reports.
  4. Consult with a Texas construction accident lawyer to evaluate your options.

Compensation Available in Texas Construction Accident Lawsuits

Depending on the nature of your claim, you may recover compensation for:

  • Medical bills, hospital stays, rehabilitation, and long-term care
  • Lost income and diminished earning capacity
  • Pain and suffering and mental anguish
  • Disfigurement and permanent disability
  • Wrongful death damages under Texas Civil Practice and Remedies Code Chapter 71

Statute of Limitations for Construction Injury Claims in Texas

According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline may bar your claim entirely.

Frequently Asked Questions (FAQ)

Can I sue my Texas employer if they don’t have workers’ comp?

Yes. Texas allows lawsuits against non-subscriber employers under Texas Labor Code § 406.033 if the employer’s negligence caused your injury.

How do I know if a third party is responsible for my construction injury?

A construction accident lawyer can investigate site control, defective equipment, and contracts to determine third-party liability under Texas law.

What if I was partially at fault for the accident?

Texas follows comparative fault rules under Texas Civil Practice and Remedies Code § 33.001. You can still recover damages as long as you were not more than 50% at fault.

Resources and References

Disclaimer

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.