Construction workers know that the work is dangerous. You work with heavy machinery, at high heights, and with toxic chemicals. A small mistake could lead to very serious injuries. When injuries happen at work, you may be confused about whether your case should go through workers’ compensation, or through a personal injury lawsuit. How you recover compensation will depend on several factors, including whether your employer carries workers’ compensation insurance.
At Griffin Law Group, LLC, our dedicated Texas construction accident lawyers are ready to help. We help you navigate what happens next with your case, and fight for the compensation you deserve.
Understanding Workers’ Compensation in Texas Construction Accidents
The workers’ compensation system in Texas is meant to provide you with medical care and partial wage replacement after you’re hurt at work. A key benefit is that the worker does not have to prove fault. Even if you were the cause of your own accident, you are entitled to benefits.
In Texas, not every company is required to have workers’ compensation. Construction companies are allowed to opt out, and are called “nonsubscribers.” If your employer does carry workers’ compensation, you may be entitled to:
- Medical benefits for all necessary treatment
- Temporary income benefits while you’re unable to work
- Impairment income benefits for permanent injuries
- Lifetime income benefits for catastrophic injuries
When Workers’ Compensation Applies and When It Doesn’t
Workers’ compensation typically covers injuries caused by:
- Falls from ladders, scaffolding, or roofs
- Equipment malfunctions
- Falling objects
- Electrical accidents
- Trench collapses
- Repetitive stress injuries
- Exposure to hazardous materials
But workers’ comp does not cover every situation. For example, if your employer is a nonsubscriber, the rules are very different. And even when workers’ comp applies, you may still have the right to pursue a separate claim against a negligent third party.
Texas Nonsubscriber Employers: What Happens for Them?
Texas allows private employers to opt out of workers’ compensation. Many construction companies and subcontractors choose not to carry it.
If your employer is a nonsubscriber, you may file a personal injury lawsuit directly against them. This can be a major advantage for injured workers because:
- You can recover a broader range of damages
- You can seek compensation for pain and suffering
- You can pursue full lost wages, not just partial income benefits
- You can hold the employer accountable for unsafe practices
Even more importantly, nonsubscriber employers lose certain legal defenses. They cannot argue:
- That the worker was partially at fault
- That another employee caused the injury
- That the worker assumed the risk
This makes nonsubscriber cases powerful tools for injured construction workers seeking full compensation.
Third‑Party Injury Lawsuits After Construction Accidents
Even if your employer carries workers’ compensation, you may still have the right to file a third‑party injury lawsuit. These claims target negligent parties other than your employer, such as:
- General contractors
- Subcontractors
- Equipment manufacturers
- Property owners
- Safety consultants
- Drivers who cause crashes on or near the jobsite
Third‑party lawsuits allow injured workers to recover damages that workers’ comp does not cover, including:
- Pain and suffering
- Full lost wages
- Loss of earning capacity
- Mental anguish
- Punitive damages in cases of gross negligence
How to Determine Which Path Applies to Your Case
The right legal path depends on several factors:
- Does your employer carry workers’ compensation?
- Was another company involved in the accident?
- Did defective equipment contribute to your injuries?
- Were safety rules ignored or violated?
- Did a third‑party driver cause the accident?
Because construction sites involve many moving parts and multiple contractors, it’s possible for injured workers to have both a workers’ compensation claim and a third‑party lawsuit.
Consult a Texas Construction Accident Lawyer to Get the Compensation You Are Owed
Whether your case must go through workers’ compensation procedures, or a personal injury lawsuit is the appropriate path, we are here to help. A qualified Texas attorney helps you pursue your rights and the compensation you deserve.
Consult a Texas construction accident lawyer at Griffin Law Group, LLC for help. Contact us today for a consultation of your case.