Construction is one of the most dangerous jobs in Texas. Every year, hundreds of construction workers suffer serious and fatal injuries in on-the-job accidents. Many of these incidents are preventable, leading to questions about the victim’s legal rights after the fact.
One or more parties may be held liable, or financially responsible, for your construction accident in Texas. If you were hurt or a loved one died in this occupation, you don’t have to determine liability on your own. Contact a construction accident lawyer in Austin for help.
What Are Your Legal Options After a Construction Accident in Texas?
As a construction worker in Texas, you could have multiple legal options after a harmful job-related accident. You may be covered by workers’ compensation insurance, but this is not a guarantee in Texas. Workers’ comp can provide financial benefits for your medical care and partial lost wages without requiring you to prove fault.
Once you accept a workers’ comp settlement, however, you cannot sue your employer for your construction accident. This is why it’s important to check the fairness of a workers’ comp agreement with an attorney before signing anything.
Personal Injury Claims After Construction Accidents in Texas
If your construction job does not come with workers’ comp benefits, another option could be filing a personal injury claim against your employer or a third party. You or your personal injury lawyer must determine and prove fault for the construction accident using evidence to recover compensation.
Liability for a construction incident is determined based on negligence, in most cases. This is the failure to act with proper care. If one or more parties were negligent, careless, reckless or malicious and this caused the construction accident, they could be held liable for your injuries.
Construction Company (Employer)
One of the most common causes of construction accidents in Texas is employer negligence. Construction accidents such as slip and falls, struck-by falling objects, equipment and machinery accidents, electrocutions, and exposure to toxic substances are often related to an employer failing to maintain a safe work environment.
Negligent construction companies or employers may be guilty of the following dangerous mistakes:
- Violating Occupational Safety and Health Administration (OSHA) laws
- Failing to inspect ladders, tools and other work equipment
- Using old, broken or outdated equipment
- Failing to provide workers with proper personal protective equipment (PPE)
- Using improper worker hiring or training protocols
- Creating a dangerous or unfit work environment
- Failing to post proper warning signs regarding construction site hazards
- Ignoring worker safety complaints or retaliating against workers
According to statistics from the Texas Department of Insurance, the construction industry represented 22 percent of all fatalities in Texas in 2023. A total of 126 workers died in construction in 2023. Many of these deadly accidents were related to employers and construction companies failing to provide safe workplaces.
Contractor or Subcontractor
If a coworker negligently caused your construction accident, your employer could be held vicariously liable if the worker was classified as an employee. Many people at a construction site, however, are independent contractors.
Depending on the circumstances, you may have grounds to hold a contractor or subcontractor liable. These parties often work together to complete construction projects in Texas. The general contractor supervises and manages the overall project, while subcontractors are hired as specialists for specific jobs, such as HVAC or electrical work.
Property Owner
Property owners in Texas have certain legal responsibilities when it comes to keeping construction crews safe on their premises for the duration of a project. If the property owner retains control over the premises during construction, he or she is legally obligated to warn workers of hidden dangers. Owners are also expected not to create or contribute to hazardous conditions.
Negligent property control or maintenance that results in a construction accident could expose the property owner to a premises liability claim. If the construction project took place on public property, on the other hand, a government agency could be held accountable for a property defect that causes an accident.
Equipment Manufacturer
Construction jobs involve a lot of heavy machinery and equipment, as well as dangerous power tools and construction vehicles. If a product or part contains a defect, it could malfunction at a critical moment and cause a construction injury or death.
In these scenarios, the manufacturer or distributor of the defective product could be held accountable through a product liability claim. These cases often use the rule of strict liability, which means it isn’t necessary to prove that the manufacturer was negligent.
Motor Vehicle Driver
In 2024, close to 28,000 traffic accidents occurred in roadside work zones in Texas. These accidents caused 825 serious injuries and 215 deaths. If a roadside construction accident is caused by a careless or reckless motor vehicle driver, that driver can be made to pay for damages through his or her automobile insurance policy.
Damages Available for a Construction Accident in Texas
Holding one or multiple parties liable for your construction accident in Texas could lead to the financial compensation you need to pay your bills and get your life back. An insurance claim or lawsuit could make you whole again as an injured construction worker or family member.
You could recover compensation for:
- Past and future medical bills
- Lost income and earning capabilities
- Permanent scarring, disfigurement or disability
- Pain, suffering and emotional distress
- Loss of quality of life
- Death benefits
- Punitive damages, in some cases
You can improve your chances of receiving compensation by taking the right steps after your construction accident, such as getting prompt medical care, documenting the accident and your injuries, notifying your employer as soon as possible, and submitting a timely claim.
How Hiring a Construction Accident Lawyer in Texas Can Help You
Hiring the right construction accident attorney to represent you can make all the difference to the outcome of your claim. An experienced attorney can help by providing the following services:
- Comprehensive construction accident investigation
- Eyewitness interviews and evidence collectionÂ
- The hiring of medical experts and construction accident specialistsÂ
- Filing procedures for an insurance claim or injury lawsuitÂ
- Settlement negotiations with an insurance provider
- Litigation of your case in court in Texas, if a trial is needed
FVF Law Firm has over 100 years of combined legal experience. We know exactly how to serve and represent clients in Texas construction accident cases of all types. Contact us to get started with a no-cost, no-pressure case consultation.
