Hurt on or near a construction site? Call (210) 996-2237 for a free consultation with Caquias Law Group, PLLC. Se habla español.
If you were hurt on a construction site: report the injury to your supervisor in writing, get medical care, and write down the names of the companies working on the site. Take photos of the equipment, scaffolding, or area involved. Who you can make a claim against depends on who employed you and whether your employer carries workers’ compensation.
If your employer carries workers’ compensation. Workers’ compensation benefits are generally the only remedy an employee has against the employer itself (Tex. Lab. Code § 408.001(a)). If a worker is killed by the employer’s intentional act or gross negligence, the surviving spouse or children may still seek exemplary damages (§ 408.001(b)). Notify your employer of the injury within 30 days (§ 409.001).
If your employer does not carry workers’ compensation (a “non-subscriber”). You may be able to sue your employer. The employer cannot defend by arguing that you were partly at fault, that you assumed the risk, or that a co-worker caused the injury. You must still prove the employer was negligent (Tex. Lab. Code § 406.033).
Construction sites usually involve several companies. Even when you cannot sue your own employer, another company may be responsible:
People who are not working on the site can also be hurt by falling materials, unsafe walkways, missing barriers, or poorly marked lane closures. These claims may be brought against the contractor or property owner responsible for the site. See our premises liability page.
When a construction accident takes a life, the family may have a wrongful death claim. For injuries on drilling sites and pipelines, see our oil field injury page.
If you were hurt on or near a construction site in San Antonio, Harlingen, or the Rio Grande Valley, call (210) 996-2237 (San Antonio) or (956) 435-7789 (Harlingen) for a free consultation. No fee unless you win.*
Often, yes. In Texas, an employer that does not carry workers’ compensation insurance (a “non-subscriber”) can be sued for an on-the-job injury. It cannot defend itself by arguing that the employee was partly at fault, assumed the risk, or was hurt because of a co-worker’s negligence. The injured worker still has to prove the employer was negligent. If your employer does carry workers’ compensation, you generally cannot sue your employer for negligence, but you may still have a claim against another company, such as a contractor, property owner, or equipment maker.
In Texas, a negligence claim generally requires duty, breach of duty, causation, and damages. If you have documented damages caused by someone else’s negligence, you may have a claim. Other factors also matter, including filing deadlines, how fault is divided among the parties, and the insurance coverage available.
It depends, but often yes. For example, if the at-fault driver was working, there could be a claim against the driver’s policy, the employer’s commercial policy, and your own UM/UIM coverage. Insurance companies may resist but sometimes pay to avoid litigation.
In addition to medical bills, claims may include lost wages, loss of earning capacity, loss of household services, pre- and post-judgment interest, and future care costs. A life care planner may be brought in to project long-term needs.
The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Caquias Law Group, PLLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. Past results and client testimonials do not guarantee a similar outcome; each case is different. Read More
Attorney responsible for the content of this website: Tomas A. Caquias of Caquias Law Group, PLLC. Principal office: San Antonio, Texas.
*Attorney's fees and case costs are governed by the client's written fee agreement.
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