Construction Accident Claims in Texas
Construction sites in Fort Bend County put employees of several different companies on the same ground at the same time — a general contractor, subcontractors, equipment suppliers, delivery drivers. When someone is hurt, that mix is what makes these cases different from an ordinary workplace injury: the company that signs your paycheck may not be the company whose conduct caused the injury.
Texas workers’ compensation is optional — and that changes everything
Texas is unusual. Employers here are not generally required to carry workers’ compensation insurance, and a meaningful number choose not to. Which category your employer falls into determines what claim you have.
If your employer is a subscriber (carries workers’ compensation), that system typically provides medical and income benefits regardless of who was at fault, and in exchange you usually cannot sue your employer directly. Notice deadlines in that system are short — tell your employer about the injury promptly and in writing.
If your employer is a non-subscriber (does not carry it), the picture changes: an injured employee can bring a negligence claim directly against the employer, and the employer loses several defenses it would otherwise have.
Either way, workers’ compensation only ever addresses your employer. It says nothing about anyone else on the site.
Third-party claims are where these cases are usually decided
If a subcontractor’s crew, an equipment manufacturer, a property owner, or a driver delivering to the site caused the injury, that is a separate claim against a separate party — and it is not limited to workers’ compensation benefits. A third-party negligence claim can reach categories of loss the comp system does not cover.
Identifying who those parties are takes work: site contracts, safety plans, subcontractor agreements, equipment maintenance records, and daily logs. That paperwork does not stay accessible forever, which is the practical reason these cases reward early attention.
What to do after a construction injury
Report the injury to your employer in writing, even if it seems minor. Get medical attention and say clearly that the injury happened at work. Photograph the location and the equipment if you safely can. Write down who else was on site and which company each person worked for — that list is often the hardest thing to reconstruct later, and it is where a third-party claim comes from.
Where these cases are heard
Fort Bend County injury lawsuits are filed and tried at the county courthouse in Richmond. Our office is minutes away. Two of our attorneys are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization — a credential administered by the State of Texas and independently verifiable; see our board certification page.
What it costs
No fee or expenses unless we win. The consultation is free, in English or Spanish.
Common questions
Can I sue my employer for a construction injury in Texas?
It depends on whether your employer carries workers’ compensation. If it does, you generally cannot sue it directly. If it does not — which is permitted in Texas — a direct negligence claim may be available.
Can I bring a claim if I am already receiving workers’ compensation benefits?
Possibly, against a third party. Workers’ compensation addresses your employer; it does not resolve claims against a subcontractor, an equipment manufacturer, a property owner, or a driver.
How long do I have?
Texas negligence claims generally carry a two-year deadline, and workers’ compensation has its own much shorter notice requirements. Because both can apply to the same injury, have someone check your dates early.
What if I am an independent contractor rather than an employee?
That classification affects which claims are available, and it is not always what the paperwork says it is. It is worth having reviewed.
Free consultation: (281) 238-5400.
Attorney Advertising. Responsible attorney: William F. Estes. Principal office: Richmond, Texas. No fee or expenses unless we win. Free consultation. Prior results do not guarantee a similar outcome. This page is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship.
The Estes Law Firm, P.C. · 716 S. Union St, Richmond, Texas 77469 · (281) 238-5400