Construction sites and industrial worksites are dangerous, and Houston has no shortage of both. Falls, equipment accidents, electrocutions, and struck-by injuries send workers to the hospital every week. What a lot of injured workers do not realize is that Texas handles workplace injuries very differently than most states, and that difference can significantly change what you’re entitled to. You need a Houston personal injury lawyer who understands how these cases actually work.
Blass Law investigates workplace and construction accidents to identify every party who contributed to what happened, not just the obvious one.
Texas Is a Non-Subscriber State
Unlike almost every other state, Texas does not require most private employers to carry workers’ compensation insurance. Employers who opt out are called “non-subscribers.” If your employer is a non-subscriber, you generally are not limited to workers’ comp benefits and can file a personal injury lawsuit directly against your employer for negligence. Under Texas Labor Code Section 406.033, a non-subscribing employer also cannot use several traditional defenses, such as arguing you were partly at fault or that you assumed the risk of the job, which can make these claims more favorable to injured workers than a typical workers’ comp claim.
If Your Employer Does Carry Workers’ Comp
If your employer is a workers’ comp subscriber, you are generally limited to workers’ comp benefits and cannot sue your employer directly, except in narrow circumstances like gross negligence resulting in death. But that does not mean your options end there. Construction sites in particular usually involve multiple companies: general contractors, subcontractors, equipment owners, and property owners. If a party other than your direct employer contributed to your injury, you may still be able to bring a third-party claim against them for full damages, separate from any workers’ comp benefits you receive.
Common Causes of Construction and Workplace Injuries
- Falls from heights: Scaffolding, ladders, roofs, and unprotected edges.
- Struck-by accidents: Falling tools, materials, or equipment.
- Machinery and equipment accidents: Malfunctioning or improperly guarded equipment.
- Electrocution: Contact with power lines or exposed wiring.
- Trench and excavation collapses: Inadequate shoring or protective systems.
Statute of Limitations
Texas generally gives you two years from the date of injury to file a personal injury lawsuit against a negligent employer or third party. Workers’ comp claims have their own separate, much shorter reporting deadlines, so it is important to understand which path applies to your situation right away.
Contact a Houston Construction Injury Lawyer
Workplace injury cases involve overlapping rules that most people never have to think about until they’re hurt. If you were injured on a construction site or on the job in the Houston area, contact Blass Law today. Call (713) 664-4000 or request a case evaluation online.
Sources
https://statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm
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Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.