When a worker or visitor suffers serious harm in a construction site accident, the fallout affects daily life in many ways. Families lose income, bills grow quickly, and daily tasks often feel harder to manage. Many Texans start asking can you sue if you’re injured on a construction site in Texas and where to turn for support. When someone else caused the event, you may want to hold them accountable and pursue compensation so you can move forward.
Many injured workers and families look for guidance and want a trusted legal advocate who understands construction accident claims in Texas. Strong legal representation helps protect your rights, gather evidence, and communicate with insurance companies who sometimes try to limit what they pay. A construction accident lawyer near you can explain your options during a free consultation and help you take the next steps.
Key Takeaways: Suing After a Construction Site Accident in TX
- Texas construction site injuries fall under workers’ compensation or third party liability claims depending on your employment status
- Non employees injured on construction sites have more legal options than workers covered by workers’ compensation
- Third parties like subcontractors, equipment manufacturers, and property owners can be held liable for construction site accidents
- Texas follows a modified comparative negligence rule that can reduce your compensation if you’re partially at fault
- Strict deadlines apply to construction injury claims in Texas, making prompt legal action essential
Who Can Be Held Liable for Construction Site Injuries in Texas?
Many construction accidents involve multiple contractors and companies. Each party has safety duties and must take steps to keep the site reasonably safe. When someone fails to do so, that party may be held responsible for the harm that results.
General Contractors and Their Responsibilities
General contractors usually oversee the entire project. They often set safety rules, coordinate daily operations, review site conditions, and manage crews. Their responsibilities usually involve:
- Posting safety guidelines and making sure workers know them
- Scheduling safety checks
- Fixing hazards or arranging for others to fix them
If they fail to correct known dangers or ignore poor safety practices, their actions can contribute to an injury.
Subcontractors and Independent Contractors
Subcontractors perform specific tasks such as electrical work, roofing, plumbing, or steel installation. Each subcontractor must follow proper safety steps for their trade. When a subcontractor leaves equipment unsecured, ignores basic precautions, or hires untrained workers, their mistakes can cause serious injuries. Independent contractors can face similar liability if their carelessness harms someone else on the site.
Property Owners and Premises Liability
Property owners must keep the site reasonably safe for lawful visitors. Premises liability applies when unsafe property conditions contribute to injuries. Examples include unstable flooring, hidden holes, rotten structures, or uncontrolled debris. If a property owner knew of a dangerous condition and failed to fix it within a reasonable time, liability may fall on them.
Equipment Manufacturers and Defective Product Claims
Sometimes, construction accidents happen because a tool, vehicle, or machine fails unexpectedly. A defective product claim may apply when:
- A product was made with a flaw that caused it to break.
- The product was designed in an unsafe way.
- Instructions or warnings were unclear.
These cases can involve cranes, forklifts, scaffolding parts, power tools, or heavy machinery.
Architects and Engineers
Architects and engineers help design the project and create plans that guide construction. Their work may involve structural safety, electrical layouts, or material choices. If a design defect creates a hazard or they fail to follow accepted safety standards, liability may fall on them when injuries occur.
What Is the Difference Between Workers’ Compensation and Personal Injury Claims?
Construction workers in Texas often wonder which type of claim applies to their situation. The answer depends on the employer and the source of the danger.
When Workers’ Compensation Applies
Some Texas employers provide workers’ compensation, which is a system that offers limited benefits to workers who get hurt on the job. The system does not require proof of fault. Injured workers can seek medical coverage and partial wage replacement.
Limitations of Workers’ Compensation Benefits
Workers’ compensation benefits usually cover only a portion of your losses. These benefits do not offer payment for pain and suffering. They also do not allow you to sue your employer if the employer subscribes to the system. These limits sometimes make workers feel they have no other options.
When You Can File a Personal Injury Lawsuit Instead
Texas is unique because employers can opt out of the system. When an employer chooses this route, they are called nonsubscribers. If a nonsubscriber employer fails to provide a safe environment and someone gets hurt, the injured worker can pursue a lawsuit.
Third Party Liability Claims for Injured Workers
Workers can also take action against third parties whose negligence contributed to the accident. These claims may involve subcontractors, equipment companies, or property owners. Workers can pursue both a workers’ compensation claim and a third party lawsuit when the facts support it.
What Types of Compensation Can You Recover in a Construction Accident Case?
A construction accident often affects every part of daily life. Your expenses grow and your ability to work or enjoy daily activities may change. A claim helps you pursue compensation for the losses the accident caused.
Economic Damages: Medical Expenses and Lost Wages
Economic damages involve the financial losses caused by the accident. These may include medical bills, emergency care, surgery, medication, therapy, and lost wages. When injuries keep you off the job for weeks or months, your claim can reflect that lost income.
Non-Economic Damages: Pain and Suffering
Non-economic damages acknowledge the impact that physical pain, ongoing discomfort, or disruptions to daily life create. These damages consider how the accident changed your routines or limited your ability to enjoy activities you once loved.
Future Damages and Long Term Care Costs
Some injuries require ongoing treatment such as future surgeries, long term rehabilitation, or medical equipment. Future damages account for medical care that you will likely need and lost future earnings if your injuries reduce your ability to work.
Wrongful Death Damages for Fatal Construction Accidents
Families who lose a loved one in a construction accident face sudden financial strain and deep emotional loss. Wrongful death damages can include lost income, funeral expenses, lost companionship, and other measurable losses that help families find stability after tragedy.
How Does Texas Law Affect Your Construction Injury Claim?
Texas law contains several rules that affect how you build your case, how fault is assigned, and how long you have to act.
Texas Comparative Negligence Rules
Texas follows a modified comparative negligence rule. This rule reduces your compensation based on your percentage of fault. For example, if a worker was partly at fault for not wearing protective gear but the subcontractor ignored safety protocols, fault might be shared. You can still recover damages as long as your responsibility is less than 51 percent.
The Texas Construction Liability Act
The Texas Construction Liability Act outlines rules for construction defect claims, timelines for notice, and responsibilities for contractors. It often applies when a defect contributes to your accident.
Notice Requirements and Filing Deadlines
Some claims require written notice to the responsible party. This may include employers, property owners, or government entities. Missing these requirements may affect your ability to pursue your case.
What Are Common Causes of Construction Site Injuries?
Construction sites involve many moving parts and hazards. When mistakes happen or safety rules get ignored, workers and visitors face serious danger.
Falls From Heights and Scaffolding Accidents
Falls remain one of the most common causes of construction injuries. These events often involve scaffolding, ladders, roofs, or unprotected edges. Guardrails, safety harnesses, and secured platforms prevent many of these events when used properly.
Electrocution and Electrical Hazards
Live wires, faulty equipment, and exposed electrical sources create hazards. Electricians and general workers face risk when wiring is handled improperly or left uncovered.
Struck By and Caught Between Accidents
Heavy machinery, moving vehicles, falling tools, and collapsing materials can cause struck by or caught between accidents. These events often lead to severe injuries because of the force involved.
Equipment Malfunctions and Machinery Accidents
When construction tools or machines do not work properly, they can cause sudden and violent accidents. Improper maintenance, product defects, or careless operation often play a part.
Inadequate Safety Training and OSHA Violations
Workers depend on clear safety instructions and supervision. When a company ignores Occupational Safety and Health Administration rules or fails to train workers, mistakes become more likely.
How Do You Prove Negligence in a Texas Construction Accident Case?
Negligence means someone failed to act with reasonable care and caused harm as a result. Proving negligence requires an attorney showing how the responsible party acted carelessly or failed to follow safety rules.
Establishing Duty of Care
A duty of care means someone had a legal responsibility to keep the site safe. Property owners, subcontractors, and general contractors often share this duty.
Demonstrating Breach of Safety Standards
A breach happens when someone fails to follow accepted safety rules. Examples include lack of protective gear, unsecured equipment, inexperienced workers, or ignored hazards.
Proving Causation and Damages
Your lawyer must show that the breach directly caused your injuries and losses. Medical records, photos, and expert testimony often help connect the breach to your injuries.
Gathering Evidence: Photos, Witnesses, and Documentation
Evidence strengthens your claim. Useful items include:
- Photos of the accident scene
- Witness statements
- Incident reports
- Medical records
- Maintenance logs
These materials show what happened, who was responsible, and how the accident affected your life.
How Our Attorneys Can Help
Construction accident cases require careful investigation, strong communication, and clear legal strategy. At AMS Law Group, we work closely with injured Texans and their families to build strong claims and pursue meaningful results.
Investigating Your Construction Site Accident
Our team gathers evidence, reviews safety records, interviews witnesses, and examines worksite practices. This helps us understand what happened and who played a part in causing the accident.
Identifying All Liable Parties
Construction sites often involve several companies working together. We examine each party’s role to identify every source of liability so no responsible party avoids accountability.
Calculating Full Compensation for Your Injuries
We review medical bills, lost income, long term needs, and non economic losses to document the full impact of your injury. This gives insurance companies a clear picture of the harm their policyholder caused.
Negotiating With Insurance Companies
Insurance companies sometimes try to limit payouts or shift blame. We communicate on your behalf and push back against attempts to downplay your injuries or minimize your losses.
Taking Your Case to Trial When Necessary
If the responsible party refuses to make a fair offer, our attorneys prepare your case for trial. A courtroom allows us to present your story clearly and seek justice when negotiations fail.
Frequently Asked Questions About Construction Accident Claims in TX
Can I sue my employer if I’m injured on a construction site in Texas?
You may sue your employer if they are a nonsubscriber who opted out of the workers’ compensation system. You may also sue your employer if the injury involved gross negligence leading to a wrongful death.
What if I was injured on a construction site but I don’t work for the construction company?
You may pursue a claim against the property owner, subcontractor, general contractor, equipment manufacturer, or any other party whose negligence contributed to your injury.
How long do I have to file a construction injury lawsuit in Texas?
Most construction injury lawsuits must be filed within two years of the accident. Some claims involving government agencies have shorter deadlines.
What if multiple parties contributed to my construction site injury?
You may file claims against all responsible parties. Texas law allows you to pursue anyone whose negligence contributed to your injuries.
Will filing a lawsuit affect my workers’ compensation benefits?
Workers’ compensation benefits usually continue regardless of a third party lawsuit. The workers’ compensation insurer may seek reimbursement from the settlement or verdict.
Contact Our Texas Construction Accident Lawyers Today
Construction injury cases require quick action so evidence stays preserved and your legal options remain open. AMS Law Group has the experience, resources, and dedication to guide you through your claim and help you pursue the compensation you need to rebuild your life. Our attorneys stand ready to review your situation, answer your questions, and help you take the next step.
Reach out today for a free, no obligation consultation and learn how we can help you move forward.