Construction is consistently one of the most dangerous industries in Texas. Falls from scaffolding, equipment accidents, electrical strikes, trench collapses, and struck-by incidents happen on job sites across the state every year. What injured workers often discover too late is that their path to compensation depends heavily on who employed them, whether their employer carries workers’ compensation insurance, and who else may share responsibility for what happened.
Texas Workers’ Compensation and Non-Subscriber Employers
Unlike most states, Texas does not require private employers to carry workers’ compensation insurance. Employers who opt out are called non-subscribers. This creates two very different situations for injured workers.
When an employer does carry workers’ compensation, injured employees generally receive medical benefits and a portion of lost wages through that system, regardless of fault. The trade-off is that workers’ comp is typically the exclusive remedy against that employer.
When an employer does not carry workers’ compensation insurance, they lose certain legal protections. An injured employee can bring a traditional negligence claim against a non-subscriber employer and may be able to recover the full range of damages, including pain and suffering and full lost wages.
Understanding which situation applies is one of the first things to determine after a construction injury.
Third-Party Claims on Construction Sites
Even when workers’ compensation applies, it doesn’t necessarily cap your entire recovery. Construction sites involve multiple parties — general contractors, subcontractors, equipment manufacturers, property owners, and suppliers. If someone other than your direct employer contributed to the conditions that caused your injury, a separate third-party personal injury claim may be available.
Common third-party claims on Texas construction sites involve:
- A general contractor who created or ignored a dangerous condition
- Another subcontractor whose work produced a hazard
- An equipment manufacturer whose product failed
- A property owner who maintained unsafe site conditions
A Grand Prairie on the job injury lawyer can identify which parties carry liability and determine whether a third-party claim exists alongside or separate from any workers’ compensation benefits.
What OSHA Violations Mean for Your Case
OSHA standards set baseline safety requirements for construction sites, covering fall protection, scaffolding, electrical safety, trenching, and dozens of other hazards. When a contractor violates these standards and a worker is injured as a result, that violation can serve as evidence of negligence in a civil claim.
OSHA records, inspection reports, and citation histories are worth obtaining early. That documentation can significantly strengthen the liability portion of a construction injury case.
Compensation Available After a Construction Injury
Depending on the circumstances, injured construction workers may be able to recover:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Physical pain and emotional suffering
- Disfigurement or permanent disability
Brandy Austin Law Firm represents workers seriously injured on Texas construction sites and handles the investigation, employer status analysis, and third-party claim evaluation that these cases require.
If you were hurt on a job site and you’re unsure what your options are, speaking with a Grand Prairie on the job injury lawyer gives you a clear understanding of what claims may be available and how to approach them.