Lesiones por Accidentes de Construcción. Sus Derechos como Trabajador en Texas

Texas Construction Workers Face Unique Legal Challenges

The construction industry in Texas employs hundreds of thousands of workers across the state. From high-rise developments in downtown Austin and Houston to highway expansion projects on I-35 and I-10, construction sites are some of the most hazardous workplaces in America. Falls from heights, equipment malfunctions, electrocution, trench collapses, and struck-by incidents account for the vast majority of construction injuries and fatalities.

What makes Texas different from most other states is that Texas does not require private employers to carry workers' compensation insurance. This is a critical distinction that affects the legal options available to every injured construction worker in the state.

Workers' Compensation vs. Non-Subscriber Claims

If Your Employer Carries Workers' Compensation
If your employer participates in the Texas workers' compensation system, you are entitled to benefits under the Texas Labor Code. These benefits include income benefits (temporary income benefits, impairment income benefits, supplemental income benefits, and lifetime income benefits), medical benefits covering all reasonable and necessary treatment related to the work injury, and death benefits for surviving family members if the worker is killed.
Workers' compensation in Texas is a no-fault system. You do not have to prove that your employer was negligent. You only need to show that you were injured in the course and scope of your employment. In exchange for this no-fault coverage, you give up the right to sue your employer directly for negligence.
However, workers' compensation benefits are limited. You cannot recover non-economic damages like pain and suffering, mental anguish, or loss of enjoyment of life through workers' compensation. Income benefits are capped at a percentage of the state average weekly wage, which often falls far short of replacing a construction worker's actual earnings.

If Your Employer Does NOT Carry Workers' Compensation (Non-Subscriber)
Many Texas construction companies, especially subcontractors and smaller operations, choose not to carry workers' compensation insurance. These employers are known as non-subscribers. According to Texas Department of Insurance data, a significant percentage of Texas employers are non-subscribers, and the construction industry has one of the highest rates of non-subscription.
If you are injured while working for a non-subscriber employer, you have the right to file a personal injury lawsuit directly against your employer. And here is the critical advantage. When you sue a non-subscriber, the employer loses several powerful defenses that would normally be available under Texas law.
Contributory negligence is eliminated as a complete defense. The employer cannot argue that your own negligence bars your recovery entirely.

Assumption of risk is eliminated as a defense. The employer cannot argue that you voluntarily accepted the dangers of the job.

Fellow employee negligence cannot be used as a defense. The employer cannot blame a coworker to avoid liability.

Under Section 406.033 of the Texas Labor Code, the non-subscriber employer can still argue comparative fault to reduce your recovery, but the removal of these affirmative defenses significantly strengthens the injured worker's position.

Third-Party Claims on Construction Sites

Regardless of whether your employer carries workers' compensation, you may have a third-party claim against someone other than your direct employer if that party's negligence contributed to your injury. Construction sites involve multiple contractors, subcontractors, equipment manufacturers, property owners, and material suppliers. Any of these parties may bear responsibility for unsafe conditions.

Common Third-Party Defendants in Construction Accident Cases
General contractors who control the job site and fail to enforce safety protocols

Property owners who fail to address known hazards on their property

Equipment manufacturers whose defective products cause injuries (such as scaffolding that collapses, safety harnesses that fail, or power tools that malfunction)

Other subcontractors whose negligence creates dangerous conditions that injure workers employed by a different subcontractor

A third-party personal injury claim is separate from workers' compensation. It allows you to recover the full range of damages, including medical expenses, lost wages, future earning capacity, pain and suffering, mental anguish, and disfigurement, that workers' compensation does not cover.

OSHA Regulations and Their Role in Your Case

The Occupational Safety and Health Administration (OSHA) sets federal safety standards for construction sites. These standards are found in 29 C.F.R. Part 1926 and cover fall protection, scaffolding, electrical safety, excavation and trenching, personal protective equipment, and dozens of other hazard categories.

An OSHA violation does not automatically establish negligence in a Texas civil case. However, evidence that the defendant violated OSHA regulations is powerful evidence of negligence and can be presented to the jury. If a general contractor failed to provide fall protection on a scaffold above 10 feet (as required by 29 C.F.R. Section 1926.451(g)(1)) and a worker fell and was seriously injured, the OSHA violation strongly supports the plaintiff's negligence claim.

After a serious construction accident, OSHA may conduct its own investigation of the job site. The results of that investigation, including any citations issued, can become valuable evidence in your personal injury case.

The "OSHA Fatal Four" in Construction

OSHA identifies four categories of accidents that account for the majority of construction worker fatalities nationwide.

Falls from roofs, scaffolding, ladders, and elevated work platforms
Struck-by incidents involving falling objects, swinging equipment, or vehicles
Electrocution from contact with power lines, exposed wiring, or improperly grounded equipment
Caught-in or caught-between accidents involving trenches that collapse, machinery that pulls a worker in, or structures that shift

Understanding which category your accident falls into helps identify the specific safety standards that were violated and the parties responsible for maintaining those standards.

Statute of Limitations for Construction Accident Claims

Under Section 16.003 of the Texas Civil Practice and Remedies Code, you have two years from the date of your injury to file a personal injury lawsuit. Workers' compensation claims have a separate deadline. You must report your injury to your employer within 30 days under Section 409.001 of the Texas Labor Code, and you must file a claim with the Division of Workers' Compensation within one year of the injury.

Contact Medina and Medina

If you have been injured on a Texas construction site, Medina and Medina will investigate the accident, identify all responsible parties, and pursue the maximum compensation available under the law. Call us at (512) 883-0012 for a free consultation. You pay nothing unless we win.

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Sobre el Autor

Israel Medina

Socio fundador de Medina & Medina, Israel Medina es un abogado de lesiones personales que sirve a familias en todo Texas.

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