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When Can a Construction Worker Sue After an Accident?

Construction sites are subject to rigorous safety regulations, but sometimes one or more parties involved in a project fail to uphold their responsibility to prevent unnecessary hazards. When someone else’s negligence leads to the injury or death of a construction worker, the worker or their family may have the right to sue for financial recovery that will cover medical expenses, lost income, and other damages, both economic and non-economic. 

Whether the injured party can sue for damages hinges on a few key factors. In this article, we will discuss the circumstances that may preclude legal action and how to proceed if you are free to bring a suit against the liable party. 

Who Was Responsible?

If you were injured in a construction site accident, the first step is to identify which person or entity caused or contributed to your accident. Construction accidents occur for myriad possible reasons, including lack of oversight, lack of employee safety training or protocols, failure to maintain equipment, failure to properly clean or secure the site, and poor design or engineering. Various parties play a role in construction site safety, so determining liability requires identifying the source of the negligence — be it your employer, a coworker, a vendor, a subcontractor, a property manager, or a professional such as an architect or engineer.

If the responsible party is anyone but your direct employer or someone else in their employ, there are no limitations to your ability to bring a lawsuit against the at-fault party or parties.

Does the Employer Have Workers’ Comp Insurance?

If your employer or a coworker contributed to or caused your accident, your employer’s workers’ compensation coverage or lack thereof will determine how you are able to proceed. Workers’ comp covers the expenses related to your injury while protecting your employer from a lawsuit that could jeopardize the financial health of the business. It is designed to prevent employees from suing their employers, and as a result, filing a lawsuit can be extremely complicated.

There is one notable exception to the immunity afforded to your employer by a workers’ comp policy: a death that occurred due to reckless misconduct. 

What If the Employer Does Not Have Workers’ Comp Insurance? 

Texas does not require employers to carry workers’ comp insurance. If your employer chose not to obtain a workers’ comp policy, this is considered a “nonsubscriber” case. In these cases, you can sue more easily and have a much higher chance of securing a favorable outcome, especially with the assistance of an experienced workplace accident lawyer. 

Why Work with a Construction Site Accident Lawyer? 

Construction accidents are uniquely complex due to the number of parties involved in ensuring safety on the site. Determining liability and negotiating with various parties’ insurance providers requires expertise and persistence. A construction site accident lawyer will investigate the circumstances of your accident to determine liability, gather evidence, and negotiate with the other parties’ representatives on your behalf. They will also ensure that the medical treatment you are receiving is adequate and that you are sufficiently documenting your case with medical evidence. 

Above all, your construction site accident lawyer should be dedicated to a positive outcome that allows you the best chance to recover, both physically and financially. 

Schedule a Free Consultation with FVF

Your options for pursuing financial recovery are not always immediately clear following a construction site accident. You may not know all of the contributing factors until a deeper investigation uncovers additional facts. That uncertainty can prevent you from knowing which party or parties you can attempt to hold accountable. 

If you’re not sure of your next steps, we advise you to take advantage of a free, no-commitment consultation with an expert work accident lawyer at FVF. We have years of experience securing positive case outcomes for construction site accident victims, providing needed support in the process. We are here to discuss your options and make sure you leave the consultation with clarity and certainty, whether you ultimately decide to hire a construction accident lawyer or not. 

We believe that every personal injury victim deserves to have the information to make educated decisions about their case. Contact us today to schedule your free, remote consultation. 



Fogelman & Von Flatern is a personal injury law firm that believes it matters why we practice law: to make sure good people in unfair circumstances who want reasonable options are taken seriously, especially by their attorney. We value transparency, compassion, and justice, and we strive to embody that in our practice. At FVF, you can trust that you've got the best people on your case, for the right reasons.

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