My employer does not have workers' compensation in Texas. What are my options?

If your employer is a Texas non-subscriber, you can file a personal injury lawsuit directly against them in court. Non-subscriber employers lose three statutory defenses: they cannot blame your contributory negligence, claim you assumed the risk, or argue a fellow employee caused the accident. You prove their negligence under standard Texas tort law. Morris & Dewett confirms employer subscriber status at the outset of every construction case because it determines the entire direction of the claim.

Can I sue the general contractor if I work for a subcontractor and was injured on a job site?

Yes, in most cases. The workers' compensation subscriber shield only protects your direct employer, not other parties at the site. If the general contractor controlled the condition that caused your injury, had authority to correct it, or retained overall site safety responsibility, they can be sued in tort regardless of your employer's subscriber status. Property owners and equipment manufacturers have no subscriber shield at all.

What is the OSHA Fatal Four and why does it matter to my legal case?

OSHA's Fatal Four are the four hazard categories that cause roughly 60% of construction worker deaths: falls, struck-by accidents, caught-in/between accidents, and electrocution. Each category has specific federal standards in 29 CFR Part 1926 that govern what protective measures employers must implement. When an accident falls into one of these categories, there is an established federal standard against which the defendant's conduct is measured. A violation of that standard is evidence of negligence in a Texas civil case.

How long do I have to file a construction accident lawsuit in Texas?

Texas gives injured people two years from the date of injury to file a personal injury lawsuit under CPRC Section 16.003(a). Wrongful death claims also have a two-year deadline running from the date of death. For injured minors, the period is tolled until age 18, then runs for two more years. Missing the statute of limitations ends the case regardless of how strong the facts are. Do not delay consulting an attorney.

What is the difference between a personal injury claim and a workers' comp claim for a construction accident?

Workers' compensation (if your employer is a subscriber) provides benefits through the DWC administrative system: medical coverage and income replacement at a partial wage rate. You cannot sue a subscriber employer in tort for their negligence. A personal injury claim is a lawsuit filed in court seeking full compensatory damages (medical expenses, lost wages, future care, loss of earning capacity, pain and mental anguish) and potentially exemplary damages. Personal injury claims are available against non-subscriber employers and against third parties like general contractors, property owners, and equipment manufacturers regardless of your employer's subscriber status.

What is gross negligence and how does it apply to construction site safety violations?

Gross negligence under Texas law occurs when a party had subjective awareness of an extreme degree of risk and proceeded anyway with conscious indifference to the rights of others. In construction, this standard is met when a company knowingly continued operations with a safety defect that presented a near-certain risk of serious injury. Prior OSHA citations, internal safety complaints, and supervisor communications documenting awareness of the hazard are the key evidence. Gross negligence allows recovery of exemplary damages under CPRC Section 41.008 in addition to compensatory damages.

Does an OSHA citation against my employer help my civil lawsuit?

An OSHA citation is not automatic proof of civil liability in Texas, but it is significant evidence. A citation establishes that a federal safety standard existed, the defendant was subject to it, and OSHA determined the standard was violated. When the violation is the same condition that caused your injury, the citation directly supports the breach element of your negligence claim. It also helps establish that the defendant had notice of the hazard. Your attorney can use FOIA requests to obtain the full investigation file, which often contains more detail than the citation itself.

What evidence is most important to collect after a construction site accident?

The most time-sensitive evidence is photographic documentation of the accident scene, the specific hazard, and your injuries before anything changes. Get witness names and contact information from coworkers and supervisors who were present. Preserve any personal protective equipment or tools involved. Request the incident report from your employer or the GC's safety officer. Save all medical records from every provider. Do not allow the equipment involved in the accident to be repaired or removed from the site. Your attorney will send a formal preservation demand to require retention of all documents, but your own early documentation is irreplaceable.

Can a bystander or pedestrian injured near a construction site file a claim?

Yes. Construction site owners, general contractors, and subcontractors owe a duty of care to people outside the site boundary, including pedestrians on adjacent sidewalks, motorists on nearby roads, and neighboring property owners. If a construction site failure (a collapse, falling debris, a crane accident, a vehicle striking a pedestrian) injures someone not employed at the site, that person has a standard premises liability or negligence claim against the responsible parties. The workers' compensation system does not apply to non-employees.

What steps should I take immediately after a construction site accident?

Get medical attention first, even if injuries seem minor. Delayed injury presentation from adrenaline is common in trauma events. Document the accident scene with photos and video before the condition is altered. Write down the names of all witnesses. Report the accident to your supervisor or the site safety officer and request a copy of the incident report. Do not make written or recorded statements to insurance representatives before speaking with an attorney. Do not sign any release or settlement offer. The Texas statute of limitations gives you two years, but evidence disappears within days. Contact an attorney as early as possible.

Fort Worth Construction Accident Lawyers

No one reads law firm websites for fun. If you're here, something happened on a construction site. Maybe you don't know who's responsible. Maybe your employer says workers' compensation is your only option. Maybe you're not sure which of those is true.

This page explains how Texas law handles construction site accidents. You'll find information on the OSHA standards that govern site safety, how Texas workers' compensation interacts with personal injury claims, who can be held liable when a contractor chain is involved, and what evidence matters in these cases. Morris & Dewett has handled construction and industrial injury cases in Texas. Take the time to understand your options before you decide anything.

OSHA Fatal Four: The Leading Causes of Construction Deaths in Texas

Construction is the most dangerous industry in Texas. The Texas Department of Insurance recorded 127 construction fatalities out of 469 total occupational fatalities in the state in 2020. That is more than any other industry category. Nationally, 351 of 1,008 fatal construction accidents in 2020 were caused by falls, according to OSHA.

OSHA has identified four hazard categories that account for roughly 60% of all construction worker deaths nationwide. OSHA calls them the Fatal Four.

Falls

Falls are the single largest killer in construction. OSHA's 29 CFR 1926.502 requires fall protection on surfaces with unprotected edges six feet or more above a lower level. Violations of this standard include missing guardrails, absent personal fall arrest systems, uncovered floor openings, and scaffold planking that fails under load.

Injuries from construction falls range from fractures and internal organ damage to traumatic brain injuries and spinal cord injuries. Falls from more than six feet are associated with severe trauma. Falls from two or three stories are frequently fatal or permanently disabling.

Struck-By Accidents

Struck-by incidents cover a wide range of hazards. Workers are killed or seriously injured by swinging crane loads, falling materials from elevated scaffolds, backing construction vehicles, and flying debris from power tools and nail guns. OSHA's 29 CFR 1926.600 addresses equipment safety requirements for this category.

When a struck-by accident involves a specific piece of equipment (a crane, a forklift, a concrete saw), the inquiry expands beyond site safety to whether the machine itself was maintained, inspected, and operated correctly. Equipment failure opens a products liability avenue alongside the negligence claim.

Caught-In/Between Accidents

Trench and excavation cave-ins are the most lethal caught-in accidents. A cubic yard of soil weighs up to 3,000 pounds. OSHA 29 CFR 1926.651 requires protective systems for excavations deeper than five feet. Sites that skip shoring or sloping to save time create a known, avoidable lethal hazard.

Machinery is the other major caught-in/between category. Unguarded rotating equipment, conveyor belts, and auger systems can cause degloving injuries, crush syndrome, and amputations. These machines require physical guarding under OSHA standards. When the guard is removed or bypassed, the question is who authorized it.

Electrocution

Electrocution accounts for roughly 9% of construction fatalities nationally. Contact with overhead power lines, improper temporary wiring, and energized equipment are the primary causes. OSHA 29 CFR 1926.400 governs electrical safety in construction.

Electrocution that is not fatal causes cardiac events, nerve damage, severe burns, and secondary falls. Arc flash at construction sites can reach temperatures of 35,000 degrees Fahrenheit. Electrical injuries frequently involve multiple responsible parties: the site owner who planned the work near energized lines, the general contractor who failed to require de-energization, and the subcontractor whose crew executed the work.

Ask any attorney you're evaluating how they approach multi-party electrocution cases. The analysis requires electrical engineering expertise and coordination across the contractor hierarchy. An attorney without that background will miss liable parties.

Texas Workers Comp: Subscriber vs. Non-Subscriber and What It Means for Your Case

Texas is the only state in the country where private employers can opt out of workers' compensation entirely. Non-subscriber status is not rare in Texas construction. Approximately one in three Texas construction employers operates without workers' comp coverage.

The distinction matters for how your case proceeds.

Subscriber Employers: DWC Benefits, No Tort Claim Against Your Employer

If your employer carries Texas Division of Workers Compensation (DWC) coverage, the workers' comp system is your exclusive remedy against that employer. You are entitled to DWC benefits: coverage for medical treatment, income replacement at a percentage of your average weekly wage, and death benefits for surviving family members.

You cannot sue a subscriber employer in tort for negligence. That is the trade-off the system establishes. Your medical bills get paid and your income is partially replaced, but the employer's exposure is capped and your claim is handled administratively.

Ask your attorney whether your employer was a subscriber at the time of your accident. This determines the entire direction of your case.

Non-Subscriber Employers: Tort Claims with Reduced Defenses

A non-subscriber employer that injures a worker faces a very different legal landscape. Under Texas Labor Code, non-subscriber employers lose three defenses when sued by an injured employee:

Contributory negligence (they cannot blame the worker for causing the accident)
Assumption of risk (they cannot claim the worker accepted the danger as part of the job)
Fellow servant doctrine (they cannot shift blame to a coworker)

This is a significant advantage in litigation. The employer must prove it was not negligent, rather than the worker proving additional theories. Morris & Dewett confirms subscriber status at the outset of every construction case. It changes the strategy from the first call.

Third-Party Claims Exist Regardless of Employer Status

Even if your employer is a subscriber, you may have tort claims against other parties at the site. The workers' comp subscriber shield only protects your direct employer. General contractors, property owners, equipment manufacturers, and other subcontractors have no such shield. Those claims are standard personal injury cases governed by Texas negligence law.

Fort Worth workers' compensation lawyers

General Contractor, Subcontractor, and Property Owner Liability

In a Texas construction accident, the general contractor, property owner, subcontractors, and equipment manufacturers can all face liability depending on who controlled the hazardous condition. Construction sites involve multiple parties with overlapping responsibilities. The project owner hired the general contractor. The general contractor hired subcontractors. Each subcontractor may have sub-tiers below it. When an injury occurs, the question is who controlled the condition that caused it.

Respondeat superior applies within each employer-employee relationship. But in construction cases, liability often runs between entities through negligence, not just through employment.

General Contractor's Site Safety Duty

The general contractor typically retains overall site safety responsibility even when specific work is delegated to subcontractors. This is true under OSHA's multi-employer worksite policy and under Texas common law negligence. If the GC has the authority to correct a hazard and fails to act on a known danger, it faces liability for injuries caused by that hazard.

When evaluating a construction case, your attorney should examine who had authority to stop work, who conducted safety inspections, and who received complaints or incident reports before the accident. These documents establish control.

Property Owner Liability Under CPRC Section 95.003

Texas Civil Practice and Remedies Code Section 95.003 limits a property owner's liability to an independent contractor employee's injury. The limitation does not apply if: (1) the owner exercised or retained some control over the manner in which the work was performed, or (2) the owner had actual knowledge of the danger and failed to warn adequately.

This exception is heavily litigated. Construction owners routinely engage in safety walkthroughs, issue notices to stop work, or impose site rules. Each of those actions can constitute retained control that eliminates the Section 95.003 protection.

Equipment Manufacturer Liability

Defective scaffolding, crane components, fall arrest harnesses, power tools, and heavy machinery create products liability claims separate from site negligence. Strict liability under CPRC Chapter 82 means the injured worker does not need to prove the manufacturer was careless. Proving the product was defective and caused the injury is sufficient.

These claims run parallel to the negligence claims and are often the highest-value component of a construction case. Preserve all physical evidence, particularly the equipment involved. Do not allow the equipment to be repaired, removed from the site, or disposed of before your attorney has a chance to inspect and document it.

Fort Worth personal injury lawyers

Texas Negligence, Proportionate Responsibility, and Exemplary Damages

Texas personal injury law requires proof of four elements: duty of care, breach of that duty, causation, and damages. Construction site defendants owe a duty of care to workers on the site. Establishing breach means demonstrating they knew or should have known about a hazardous condition and failed to correct it.

Proportionate Responsibility

Proportionate responsibility is how Texas courts allocate fault in multi-party cases.

In construction accidents, defendants frequently designate responsible third parties under CPRC Section 33.004. This allows them to point to subcontractors, equipment manufacturers, or other site parties and argue that fault should be spread across multiple defendants. You have 60 days after a party is designated to add them as a defendant. Missing that window can limit your recovery.

An attorney handling construction cases needs to anticipate responsible third-party designations and have the discovery strategy in place to respond. Ask any attorney you interview how they handle this tactic.

Exemplary Damages for Gross Negligence

Exemplary damages are available in construction cases where the defendant's conduct rises to gross negligence. This occurs when a company was consciously aware of an extreme safety risk and disregarded it.

Examples include: continuing to operate a known defective crane, skipping required excavation shoring to meet a deadline while knowing workers were in the trench, or disabling electrical lockout procedures to accelerate work. OSHA citations that predate the accident are relevant evidence. A prior inspection finding the same hazard that later caused the injury is strong support for a gross negligence claim.

Statute of Limitations

The statute of limitations for personal injury in Texas is two years from the date of injury under CPRC Section 16.003(a). Wrongful death claims have the same two-year period running from the date of death. For injured minors, the limitations period is tolled until age 18, then runs for two more years.

Do not assume you have time. Construction sites change, witnesses move on, and evidence is destroyed on routine schedules. Cases where evidence is lost before an attorney gets involved are significantly harder to prove.

Fort Worth wrongful death lawyers

Construction Site Injuries: What They Mean for Long-Term Recovery

Construction injuries are high-energy trauma events. They produce permanent disability, catastrophic medical costs, and long recovery timelines. The injuries that follow determine the scope of damages in your case.

Traumatic Brain Injury and Head Trauma

Falls, struck-by accidents, and electrocution all produce traumatic brain injuries. TBI from construction accidents ranges from concussions with prolonged post-concussive symptoms to moderate and severe TBI with permanent cognitive impairment, personality changes, and loss of executive function.

TBI cases are among the most expensive to litigate. Future care costs require neuropsychological evaluation, life care planning, and economic expert testimony to calculate present value. If the treating provider's records don't document the full long-term picture, the damages presentation will be incomplete. Your attorney needs neurological and vocational experts, not just medical bills.

Spinal Cord and Orthopedic Injuries

Falls from height produce spinal fractures and cord injuries. Incomplete spinal cord injuries may allow partial recovery with treatment. Complete cord injuries produce permanent disability. Either way, the lifetime cost of care for a serious spinal injury runs into the millions of dollars.

Orthopedic injuries from construction accidents are significant even when they are not spinal. Crush injuries to the pelvis and lower extremities, femur fractures, and severe wrist and shoulder injuries all require long recovery timelines and often produce permanent functional limitations. Loss of earning capacity calculations must reflect the actual work the injured person can no longer perform.

Burns and Chemical Exposure

Burn injuries in construction arise from arc flash, compressed gas fires, chemical contact with concrete and construction solvents, and electrical contact. Significant burns require specialist treatment and long-term reconstruction. Chemical exposure injuries from silica dust, asbestos in older structures, and volatile organic compounds in adhesives and coatings create occupational disease claims. These have distinct evidentiary requirements involving industrial hygiene experts and exposure modeling.

The Haygood rule under CPRC Section 41.0105 limits medical expense recovery in Texas to amounts actually paid or incurred, not the gross billed amount. For cases with significant medical treatment, your attorney needs to track actual charges against billed amounts throughout the case to value damages correctly.

How We Investigate Fort Worth Construction Accident Cases

Construction site evidence disappears within hours. The hazardous condition, the equipment involved, and the physical scene are all subject to routine work that alters or removes them before most investigations begin. Effective case investigation starts immediately after the accident.

Immediate Evidence Preservation

A preservation letter goes to all potentially responsible parties as soon as we identify them. This is a formal legal demand requiring them to retain all documents, communications, physical evidence, and electronic data related to the accident and the site condition. It covers OSHA 300 injury logs, incident investigation reports, daily work orders, safety inspection records, subcontract agreements, and site photographs.

Many Fort Worth construction sites have security camera systems. Video footage showing the accident itself or documenting the hazardous condition in the days before the incident is among the most valuable evidence in a construction case. Overwrite cycles on security systems can be as short as 72 hours. The preservation demand must go out immediately.

OSHA Investigation Records

OSHA investigates serious construction injuries and all fatalities. The investigation file, including the citation record, inspection notes, and employer responses, is a key evidence source. These records are obtainable through FOIA requests. They are not always available quickly. An attorney monitoring the OSHA process can request records as they become available and coordinate timing with the civil litigation strategy.

An OSHA citation does not automatically establish civil liability in Texas. But a citation for the exact condition that caused the injury is powerful evidence that the defendant knew about the standard, was aware of the hazard, and failed to correct it. Ask any attorney you evaluate how they integrate OSHA investigation records into the civil case strategy.

Medical Records and Expert Witnesses

JPS Health Network at 1500 S. Main St., Fort Worth is the Level I trauma center for Tarrant County. Emergency treatment records from JPS and subsequent specialist records document the injury and its long-term trajectory.

Expert witnesses are essential in construction cases. Structural engineers evaluate scaffold and trench failures. Safety consultants analyze whether OSHA standards were met. Vocational rehabilitation experts assess what work the injured person can still perform. Economists convert future wage loss and care costs to present value. These experts are selected based on the specific failure type, not from a generic list.

Morris & Dewett has handled industrial and construction injury cases over decades of practice. The investigation approach described here is how we handle these cases, not an abstraction. If you're evaluating attorneys, ask each one who their expert witnesses are for construction cases and how those experts are engaged.

Frequently Asked Questions

My employer does not have workers' compensation in Texas. What are my options?: If your employer is a Texas non-subscriber, you can file a personal injury lawsuit directly against them in court. Non-subscriber employers lose three statutory defenses: they cannot blame your contributory negligence, claim you assumed the risk, or argue a fellow employee caused the accident. You prove their negligence under standard Texas tort law. Morris & Dewett confirms employer subscriber status at the outset of every construction case because it determines the entire direction of the claim.
Can I sue the general contractor if I work for a subcontractor and was injured on a job site?: Yes, in most cases. The workers' compensation subscriber shield only protects your direct employer, not other parties at the site. If the general contractor controlled the condition that caused your injury, had authority to correct it, or retained overall site safety responsibility, they can be sued in tort regardless of your employer's subscriber status. Property owners and equipment manufacturers have no subscriber shield at all.
What is the OSHA Fatal Four and why does it matter to my legal case?: OSHA's Fatal Four are the four hazard categories that cause roughly 60% of construction worker deaths: falls, struck-by accidents, caught-in/between accidents, and electrocution. Each category has specific federal standards in 29 CFR Part 1926 that govern what protective measures employers must implement. When an accident falls into one of these categories, there is an established federal standard against which the defendant's conduct is measured. A violation of that standard is evidence of negligence in a Texas civil case.
How long do I have to file a construction accident lawsuit in Texas?: Texas gives injured people two years from the date of injury to file a personal injury lawsuit under CPRC Section 16.003(a). Wrongful death claims also have a two-year deadline running from the date of death. For injured minors, the period is tolled until age 18, then runs for two more years. Missing the statute of limitations ends the case regardless of how strong the facts are. Do not delay consulting an attorney.
What is the difference between a personal injury claim and a workers' comp claim for a construction accident?: Workers' compensation (if your employer is a subscriber) provides benefits through the DWC administrative system: medical coverage and income replacement at a partial wage rate. You cannot sue a subscriber employer in tort for their negligence. A personal injury claim is a lawsuit filed in court seeking full compensatory damages (medical expenses, lost wages, future care, loss of earning capacity, pain and mental anguish) and potentially exemplary damages. Personal injury claims are available against non-subscriber employers and against third parties like general contractors, property owners, and equipment manufacturers regardless of your employer's subscriber status.
What is gross negligence and how does it apply to construction site safety violations?: Gross negligence under Texas law occurs when a party had subjective awareness of an extreme degree of risk and proceeded anyway with conscious indifference to the rights of others. In construction, this standard is met when a company knowingly continued operations with a safety defect that presented a near-certain risk of serious injury. Prior OSHA citations, internal safety complaints, and supervisor communications documenting awareness of the hazard are the key evidence. Gross negligence allows recovery of exemplary damages under CPRC Section 41.008 in addition to compensatory damages.
Does an OSHA citation against my employer help my civil lawsuit?: An OSHA citation is not automatic proof of civil liability in Texas, but it is significant evidence. A citation establishes that a federal safety standard existed, the defendant was subject to it, and OSHA determined the standard was violated. When the violation is the same condition that caused your injury, the citation directly supports the breach element of your negligence claim. It also helps establish that the defendant had notice of the hazard. Your attorney can use FOIA requests to obtain the full investigation file, which often contains more detail than the citation itself.
What evidence is most important to collect after a construction site accident?: The most time-sensitive evidence is photographic documentation of the accident scene, the specific hazard, and your injuries before anything changes. Get witness names and contact information from coworkers and supervisors who were present. Preserve any personal protective equipment or tools involved. Request the incident report from your employer or the GC's safety officer. Save all medical records from every provider. Do not allow the equipment involved in the accident to be repaired or removed from the site. Your attorney will send a formal preservation demand to require retention of all documents, but your own early documentation is irreplaceable.
Can a bystander or pedestrian injured near a construction site file a claim?: Yes. Construction site owners, general contractors, and subcontractors owe a duty of care to people outside the site boundary, including pedestrians on adjacent sidewalks, motorists on nearby roads, and neighboring property owners. If a construction site failure (a collapse, falling debris, a crane accident, a vehicle striking a pedestrian) injures someone not employed at the site, that person has a standard premises liability or negligence claim against the responsible parties. The workers' compensation system does not apply to non-employees.
What steps should I take immediately after a construction site accident?: Get medical attention first, even if injuries seem minor. Delayed injury presentation from adrenaline is common in trauma events. Document the accident scene with photos and video before the condition is altered. Write down the names of all witnesses. Report the accident to your supervisor or the site safety officer and request a copy of the incident report. Do not make written or recorded statements to insurance representatives before speaking with an attorney. Do not sign any release or settlement offer. The Texas statute of limitations gives you two years, but evidence disappears within days. Contact an attorney as early as possible.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.