Working in construction should not endanger your life. Unfortunately, dangerous and defective construction zones in Austin put workers at significant risk. According to the Texas Division of Workers’ Compensation, 141 Texan workers lost their lives in fatal construction accidents in 2022. This represented 24 percent of all deaths in Texas.
If you get injured due to a construction site accident in Texas, it’s important to understand which party you can hold responsible for your injuries, medical expenses, lost wages, pain and suffering, and more. The answer will depend on the cause of the accident and the surrounding circumstances.
What Is the Difference Between a Contractor and Subcontractor?
Contractors and subcontractors work together to complete construction jobs in Texas. The difference between these two positions lies in their responsibilities during a build. A contractor – also known as a general contractor – oversees the overall project, including planning, worker scheduling and budgeting. The contractor’s job is to ensure the project stays on track.
Contractors are hired by the owner of the property or the developer in charge of the project, while subcontractors are hired by contractors. Contractors are responsible for hiring specialists for the project. Subcontractors have skills and certifications in special areas of interest, such as roofing, plumbing, HVAC or electrical work.
Which One Is Liable for an Austin Construction Injury?
Determining who is liable, or financially responsible, for a harmful construction site accident in Austin depends on the cause of the incident. An investigation will look into whether a rule was broken or a safety code was violated in connection with the injury; and if so, who is legally responsible for the worker who made the mistake.
A contractor at a construction site is responsible for ensuring that hired subcontractors are up to par and following safety rules and regulations. Subcontractors, on the other hand, are responsible for their own employees, including their safety and the proper execution of their tasks. Identifying which party can be held liable requires understanding who is at fault.
If someone working for a subcontractor is responsible for causing the victim’s injury, the independent contractor or company hired by the contractor can be held liable. If the subcontractor itself was negligent (or failed to use reasonable care), the contractor can be held liable in certain circumstances.
What Are a Contractor’s Duties of Care Regarding a Subcontractor?
Under Texas law, a contractor or another entity that employs an independent contractor is generally not liable for actions taken by the subcontractor. The employer does not maintain a duty of care to ensure that the subcontractor correctly performs his or her job.
However, there is an exception if the contractor continues to maintain some level of control over the subcontractor’s work. If this is the case and the type of work within the contractor’s control is related to the cause of the accident and injury, the contractor can be held vicariously liable. There must be proof of the contractor’s actual control over the subcontractor’s work.
What Is Actual Control?
Being in “actual control” of a subcontractor can make a contractor in Texas absorb liability for injuries caused by a negligent subcontractor or independent contractor. Actual control means that the contractor had direct authority regarding how the subcontractor performed his or her job.
Examples include:
- The general contractor directly told the subcontractor how to instruct its employees.
- The contractor told an employee specifically how to do his or her job.
- The general contractor’s supervisors were on site at all times or during the incident.
- The contractor conducted daily safety inspections of the subcontractor’s work.
- The contractor had the authority to alter the subcontractor’s work for safety reasons.
- The general contractor had actual knowledge of a potentially hazardous circumstance.
To prove actual control, there must be evidence that the contractor was directly involved in managing or supervising the specific tasks done by the subcontractor; that the contractor was not just an entity with general oversight of the construction project. If actual control is established, a general contractor can be held liable for the actions of a subcontractor that resulted in injury.
Who Pays When a Contractor vs. Subcontractor Is Injured?
If a subcontractor suffers an injury at a construction site in Austin – such as electrocution or exposure to toxic substances – the liable party could be the company the individual works for or the general contractor. If a heating and cooling specialist works for an HVAC company, for instance, the HVAC company could be held liable for an on-the-job injury suffered by the specialist.
In Texas, most employers carry workers’ compensation insurance to pay for injuries and illnesses suffered by workers. This insurance coverage can pay for the worker’s medical bills, partial lost wages, disability expenses and more without requiring proof of negligence or fault. If a company doesn’t have workers’ comp, the injured worker may be able to file a lawsuit if there is proof of negligence.
By contrast, contractors may be able to seek financial compensation from the owner of the property where the accident occurred. This could be the case if a property defect contributed to the incident, such as an undisclosed hazard. Some cases involve shared liability between a contractor, subcontractor and/or property owner.
Injured at an Austin Construction Site? You Need a Construction Accident Attorney
Whether a contractor, subcontractor or third party can be held liable for a construction accident in Austin depends on the cause of the victim’s injury or illness. It’s important to protect yourself by hiring a skilled construction injury attorney in Austin as soon as possible if you find yourself in this situation.
You can trust your attorney to protect your rights and advocate for your best interests through the claims process. Your employer and its insurance company, on the other hand, will only be looking out for themselves. While you rest and focus on healing from an injury, your lawyer can take care of complicated legal tasks on your behalf.
This includes investigating the construction accident, determining its cause, gathering and preserving evidence, filing your insurance claim or lawsuit, presenting your evidence to an insurer or judge, and negotiating for maximum financial compensation for your losses. A lawyer can help you understand when a contractor, subcontractor or both could be made to pay for your accident.
For more information and education regarding your specific case, contact FVF Law Firm for a free, no-pressure consultation in Austin.
