What Are Your Legal Options After a Texas Construction Site Injury?

 Posted on May 24, 2026 in Work Accidents

Construction sites in Texas are busy, high-hazard environments where workers face risks that office workers never encounter. If you were hurt on a job site in Texas in 2026, Texas law gives you several paths to compensation. The path that applies depends on who was at fault and whether your employer carries insurance. An Irving, TX construction injury attorney can help you understand which option fits your case.

Why Do Texas Construction Sites Produce So Many Serious Injuries?

Texas is one of the most active construction markets in the country, and that comes at a cost. According to the Texas Department of Insurance, the Texas construction industry reported about 9,400 nonfatal workplace injuries and illnesses in 2023. Falls from scaffolding, electrocutions, equipment failures, and being struck by falling objects are among the most common causes. When these accidents happen because someone failed to keep the site safe, the injured worker may have the right to pursue compensation.

How Does Texas Workers' Compensation Work on Construction Sites?

If your employer carries workers' compensation insurance, your first step is to file a workers' compensation claim. Workers' comp covers medical treatment and a portion of lost wages. However, it limits what you can recover. You generally cannot sue your employer for pain and suffering or full lost earning capacity. Workers' compensation also does not cover property damage or punitive damages in cases of serious employer negligence.

What Are Your Rights If Your Texas Employer Has No Workers' Compensation Insurance?

Texas is the only state that does not require private employers to carry workers' compensation insurance. Employers that opt out are called non-subscribers. If your employer is a non-subscriber and their negligence caused your injury, Texas Labor Code Section 406.033 gives you the right to sue them directly. 

Negligence on a construction site can mean failing to provide safe equipment, skipping required safety training, or ignoring a known hazard. In that lawsuit, the employer loses key defenses:

• The employer cannot raise the assumption of risk as a defense.

• The employer also cannot use a coworker's negligence to shift blame. 

• The employer generally cannot avoid liability by arguing you were partly at fault for the accident. 

This makes a non-subscriber claim much stronger than a typical negligence case.

Third-Party Claims After a Texas Construction Accident

Even if your employer carries workers' compensation, you may still have a claim against another party. These are called third-party claims. Liable third parties on a construction site can, for example, include subcontractors who created unsafe conditions or equipment manufacturers whose products failed. A driver who struck you on the job may also be liable. 

Texas Labor Code Section 417.001 allows injured workers to pursue workers' compensation and a third-party lawsuit at the same time. A third-party claim can recover damages that workers' compensation does not pay. That includes full lost wages, pain and suffering, and future medical costs. Most personal injury lawsuits in Texas must be filed within two years of the accident, so acting quickly matters.

Steps to Take After a Construction Site Injury in Texas

Here are a few steps to take after a construction site injury:

• Report the injury to your employer in writing and keep a copy.

• Get medical treatment right away and follow all care instructions.

• Take photos of the scene, equipment, and your injuries if you can do so safely.

• Write down the names of anyone who saw what happened.

• Do not give a recorded statement to any insurance company before you talk to an attorney.

Construction sites are active workplaces. By the time an investigation begins, the work area may look nothing like it did on the day of your accident. Equipment gets repaired or removed. An attorney can send a preservation letter to the contractor or property owner early on. That puts them on notice to keep records, photos, and equipment logs intact.

Contact a Carrollton, TX Work Injury Attorney for a Free Consultation

If you were hurt on a construction site and are not sure what your options are, Jerry D. Andrews, P.C. is here to help. Attorney Jerry D. Andrews is board-certified in personal injury trials by the Texas Board of Legal Specialization. The firm works on a contingency basis, meaning you pay nothing unless your case is successful. Spanish-speaking staff are available to serve the Spanish-speaking community. Call 214-221-5800 today or contact our Irving, TX personal injury lawyer for a free consultation.

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