The average construction site in Texas involves multiple contractors and subcontractors who have been hired by the general contractor to complete specific tasks. If you get injured while working as a subcontractor on a construction project, you may be able to sue for your injuries. However, your legal rights and recovery options will depend on the cause of your injury and your relationship to the employer.
Hidden Dangers at a Construction Site
Construction is one of the most dangerous industries in Texas. According to the Texas Division of Workers’ Compensation, 22 percent of all workplace fatalities in Texas in 2023 occurred in the construction industry.
Construction sites in Texas can contain many hidden dangers and injury risks, such as:
- Falls from heights
- Slip and trip hazards
- Defective products and equipment
- Machinery accidents
- Crane collapses
- Falling objects
- Roadside car accidents
- Electrocutions
- Exposure to toxic substances
Working as a subcontractor at a construction site could put your life at risk, especially if a contractor or another party is negligent or fails to use proper care. Your rights after getting hurt at a construction site will vary based on your unique circumstances.
Your Rights as a Subcontractor Compared to an Employee
As the subcontractor, you have different legal rights and opportunities after a construction accident compared to an employee. Since you do not have an employer-employee relationship with the construction company or general contractor, you have the right to file a personal injury lawsuit against them.
An employee, on the other hand, will have a restricted right to sue under the workers’ compensation system. If the general contractor was negligent and this contributed to your construction accident, you are free to file a lawsuit against the contractor in pursuit of financial compensation.
Employees, however, are subject to Texas Labor Code § 480.001(a), which states that for employees who are covered by workers’ comp insurance, this is the sole legal recourse against their employer for a work-related injury. As an injured subcontractor, a personal injury lawsuit may be the right option for you after a work-related injury or illness.
You may have grounds to file a lawsuit if the general contractor or a third party is at fault for your accident due to an act of neglect, carelessness or recklessness. If someone who owed you a duty of care breached this duty and caused your injury, you can likely sue for your injuries.
What to Expect From the Claims Process
As a subcontractor in Texas, you have the right to expect a reasonably safe work environment when you arrive at a construction site. General contractors are legally required to provide safe workplaces.
If a contractor or another party violates the duty of care, such as by failing to remedy known hazards, this can lead to a legal dispute. Your legal rights will be determined by the terms of the contract you signed to work at the construction site.
For example, it may require you to engage in alternative dispute resolutions before taking your case to trial. You can take your contract to an Austin personal injury attorney after suffering a work-related injury to determine exactly how it may affect your ability to sue.
If you wish to sue the general contractor for your injuries, you will be given the burden of proof. This means you will have to prove your claim using evidence. You or your work injury lawyer will have to show that the defendant or accused party is at fault. Evidence may include accident reports, witness statements, photographs, video footage and expert witness testimony.
Steps to Take After Getting Injured at a Texas Construction Site
If you get injured at a construction site, the first step you should take is to get medical care. Go to the nearest hospital for an immediate checkup. Your health and safety should be top priority.
Then, take these steps to prepare for an injury claim:
- Report the accident to the general contractor as soon as possible.
- Request an official accident report.
- Take photographs of the dangerous environment or what caused your accident.
- Take pictures of your injuries and any property damage.
- Write down the names of any witnesses, such as other contractors on site.
- Keep up with your doctor’s treatment plan as you heal.
- Don’t post on social media about your construction accident.
- Read the terms of your contract to learn about your right to sue.
- Gather copies of all relevant records and documents together.
- Contact an attorney to discuss your legal options in detail.
Once you reach out to an Austin construction accident attorney, he or she can take over your case and deal with insurance companies on your behalf. If necessary, a lawyer will be able to take your case to trial for a fair outcome.
Damages Available as an Injured Subcontractor
Subcontractor injuries at a construction site can include spinal cord injuries, traumatic brain injuries, crush injuries, amputations, lacerations, burns, electrocutions and broken bones. It is important to understand the full value of your case before accepting a settlement, especially if you have severe or life-changing injuries.
You may be able to recover the following types of damages, or financial compensation:
- Existing and future foreseeable medical bills
- Lost wages
- Lost future capacity to earn
- Pain and suffering
- Emotional harm or post-traumatic stress disorder
- Permanent disfigurement or disability
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death damages (if applicable)
Case values vary based on the victim’s circumstances. In general, a construction accident case involving severe or catastrophic injuries will mean greater damages suffered by the victim. The settlement or judgment award should reflect this. If you’re curious how much your claim is worth, discuss it with a construction site accident lawyer.
How a Construction Accident Attorney in Texas Can Help
As an injured subcontractor in Texas, you may have grounds to sue the general contractor in charge, the owner of the property, the manufacturer of a defective product or another party for damages. The decisions you make now can impact your financial future. Protect yourself as much as possible by working with an attorney early on in your case.
A case involving an injured subcontractor will have unique challenges and considerations compared to one involving an employee in Texas. Discuss your specific situation with an attorney at FVF Law Firm during a no-cost, no-pressure consultation to learn more. We can handle your case using more than 100 years of combined legal experience.
