What to Do After a Construction Accident at Work in Texas

Get medical care first, report the injury to your employer, preserve evidence, and find out whether your employer carries Texas workers’ compensation. That last fact shapes everything else. Texas is the only state where most private employers may choose not to carry workers’ compensation [1]. If your employer is a “subscriber,” workers’ compensation benefits are generally your exclusive remedy against that employer, though you may still have claims against outside companies such as general contractors, property owners, or equipment manufacturers. If your employer is a “nonsubscriber,” you may be able to sue it for negligence. Texas deadlines are short: 30 days to notify the employer, one year to file a workers’ compensation claim, and two years to file a lawsuit. Because the right path depends on the facts, speak with a licensed Texas attorney promptly.

Legal Snapshot

• Legal Topic: Injuries to workers on Texas construction sites, including claims against nonsubscriber employers and third parties

• Case Stage: Immediate response and early claim evaluation

• Primary Legal Issue: Whether the employer subscribes to workers’ compensation, and which other parties may share legal responsibility

• Primary Authority: Texas Labor Code §§ 406.033, 408.001, 409.001, 409.003; Texas Civil Practice and Remedies Code §§ 16.003 and Chapter 95; 29 C.F.R. § 1904.39

• Jurisdiction: Texas state law and applicable federal OSHA regulations

• Date Legal Authority Last Reviewed: November 11, 2026 (attorney verification recommended before publication)

What Should I Do Right After a Construction Accident at Work?

Your health comes first, and the steps you take in the first days can affect every claim that follows. The general sequence below is educational information, not individualized legal advice.

1. Get medical treatment. Ask for treatment even if symptoms seem minor. Falls, crush injuries, electrical contact, and struck-by incidents can cause harm that appears later. Medical records also tie the injury to the work incident.

2. Report the injury promptly and in writing. Under Texas Labor Code § 409.001, an injured employee, or someone acting for the employee, must notify the employer within 30 days of the injury to protect workers’ compensation benefits [4]. Notice can go to the employer or to a supervisor or manager, and while the law doesn’t require a specific form, putting it in writing creates a record. If your employer is a nonsubscriber, the 30-day rule doesn’t control your lawsuit, but the employer’s injury benefit plan may have its own reporting rules, so report the injury right away either way.

3. Document the scene. If you are able, or if a coworker or family member can help, photograph the area, the equipment, any missing guardrails or fall protection, and your visible injuries. Write down names of witnesses and the companies working on the site.

4. Find out whether your employer has coverage. Employers without Texas workers’ compensation coverage must post a notice for employees and file notices with the Division of Workers’ Compensation [1]. The Texas Department of Insurance also offers a coverage verification process [14].

5. Be careful with paperwork. Do not sign releases, waivers, or benefit-plan elections until a lawyer has reviewed them. Some documents can affect your right to sue.

6. Avoid detailed recorded statements. Insurers and employers may ask for them early. Consult an attorney first.

What Does a Construction Accident Claim Mean in Texas?

A construction accident claim is a civil claim for harm caused by unsafe conditions, negligent conduct, or defective equipment on a work site. In Texas, who you can hold responsible depends first on your employer’s status. A subscriber employer carries workers’ compensation. A nonsubscriber has opted out. A third party is any company other than your employer, such as a general contractor, a different subcontractor, a property owner, or a manufacturer.

Texas construction work spans high-rise projects in downtown Dallas, residential building in Frisco and McKinney, and warehouse and road work across Tarrant and Dallas counties. Those sites commonly involve several companies at once, which is why third-party claims come up so often.

What Does Texas Law Say About Employer Coverage and Lawsuits?

Texas lets private employers decide whether to provide workers’ compensation insurance. The Texas Department of Insurance states that private employers can choose, and it calls those that decline “non-subscribers” [1]. The three paths compare as follows.

What Legal Rules Apply?

Nonsubscriber employers and Labor Code § 406.033

When an employee sues a nonsubscriber over a work injury, Texas Labor Code § 406.033 says the employer cannot defend by arguing that the employee was partly at fault, that the employee assumed the risk, or that a coworker’s negligence caused the injury [2]. The employee must still prove that the employer, or someone acting for the employer within the scope of their job, was negligent. The employer can still argue that the employee intended to cause the injury or was intoxicated, and any waiver of the right to sue that the employee signed before the injury is void [2]. A waiver signed after the injury is valid only if it meets strict conditions, including being signed at least 10 business days after the injury was reported and after a medical evaluation, so don’t sign one without legal advice.

The Texas Supreme Court has also addressed how Texas’s proportionate responsibility statute, Chapter 33 of the Civil Practice and Remedies Code, applies to nonsubscriber lawsuits [8]. In In re East Texas Medical Center Athens, 712 S.W.3d 88 (Tex. 2025), the court held that a nonsubscriber employer can ask the jury to assign part of the fault to other parties, such as a subcontractor or equipment maker, which may reduce the employer’s share of the damages. The employer still cannot argue that the injured worker was at fault, but on a busy construction site, this ruling makes identifying every responsible party even more important.

The exclusive remedy rule and its fatal-case exception

Under Texas Labor Code § 408.001(a), if an employer carries workers’ compensation insurance, those benefits are generally the injured worker’s only remedy against the employer and its employees [3]. Subsection (b) leaves one narrow exception: the surviving spouse or children of a worker killed by the employer’s intentional act or gross negligence can seek exemplary (punitive) damages [3]. ““Gross negligence” has the meaning given in Civil Practice and Remedies Code § 41.001 [9]. In Mo-Vac Service Co. v. Escobedo (Tex. 2020), the Texas Supreme Court held that a worker’s parents and sister could not use this exception, because they were not his surviving spouse or children [10].

Property owners and Chapter 95

Claims against a property owner by a contractor’s or subcontractor’s employee face a special hurdle. Under CPRC § 95.003, a property owner is generally not liable for injury to such a worker who is working on an improvement to real property, including claims based on failure to provide a safe workplace, unless the owner exercised or retained some control over how the work was performed and had actual knowledge of the danger and failed to adequately warn [7]. Whether Chapter 95 applies to a given project is a fact-specific question for an attorney.

Proportionate responsibility in third-party claims

Lawsuits against third parties, such as a general contractor, subcontractor, or equipment maker, are generally governed by Chapter 33 of the Texas Civil Practice and Remedies Code. Under that chapter, an injured worker’s own share of responsibility reduces their recovery, and under § 33.001, a worker found more than 50% responsible cannot recover at all [8]. Unlike a nonsubscriber employer, a third party can argue that the worker was partly at fault.

OSHA’s role

Federal OSHA rules don’t give an injured worker a right to sue or collect damages, but they matter after a serious incident. Employers must report a work-related death to OSHA within 8 hours, and an in-patient hospitalization, amputation, or loss of an eye within 24 hours [11]. OSHA’s enforcement guidance explains how those reports are handled [12]. OSHA’s construction safety standards appear in 29 C.F.R. Part 1926 [15], and an inspection file or citation can point to hazards on the site. A citation doesn’t decide fault on its own, but OSHA standards may be considered as evidence of how a careful employer or contractor should act. Federal law also protects workers from retaliation for raising safety concerns or reporting injuries, and a retaliation complaint generally must be filed with OSHA within 30 days [13], and a short complaint window applies

How Does This Apply to a Real Case?

Hypothetical example 1 (not a GoSuits case): A framing worker for a subcontractor falls from an unguarded floor edge at a multifamily project near US-75 in Plano. The subcontractor has no workers’ compensation policy and had posted a notice of no coverage. Because the employer is a nonsubscriber, it cannot argue that the worker was careless or that a coworker caused the fall, but the worker must still prove the employer was negligent, for example through training, supervision, or fall-protection failures. The general contractor and property owner may be separate third parties, and their liability would depend on control of the work, knowledge of the hazard, and Chapter 95.

Hypothetical example 2 (not a GoSuits case): A worker employed by a subscribing company is killed when a hoist fails at a site along I-35E. The worker’s spouse and children may receive death benefits through the workers’ compensation system. If the employer’s gross negligence caused the death, the spouse or heirs of the body may be able to seek exemplary damages under § 408.001(b). A separate claim against the hoist’s manufacturer or a maintenance contractor, which is not the employer, could proceed on different legal grounds. Wrongful death lawyers can evaluate how those claims fit together.

What Evidence Can Matter?

Evidence does not automatically prove liability, but these categories often shape how a Texas construction claim is evaluated:

• Incident and OSHA records. Employer injury reports, OSHA reports, and any inspection documents can show what the employer knew and when.

• Photographs and video. Site cameras, phone images, and drone or progress photos may capture conditions before and after the accident.

• Witness statements. Coworkers and workers from other trades may describe supervision, hazards, and prior complaints.

• Contracts and site plans. Contracts between the owner, general contractor, and subcontractors can reveal who controlled safety, which affects third-party and Chapter 95 questions.

• Training and safety records. Toolbox talks, certifications, and written safety programs show whether the employer met its own standards.

• Equipment and maintenance records. Inspection logs, repair histories, and the equipment itself matter in product and maintenance claims. Preserve the equipment and ask a lawyer to send a preservation request.

• Medical and wage records. Treatment records, bills, and pay history support damages.

• Engineering and safety analysis. Accident reconstruction and engineering testimony may be needed to explain how a structure, scaffold, or machine failed.

What Damages or Remedies May Be Available?

What you can recover depends on Texas law and the facts. In a negligence lawsuit against a nonsubscriber employer or a third party, damages can include past and future medical expenses, lost income, loss of earning capacity, physical pain, mental anguish, physical impairment, and disfigurement. Workers’ compensation, by contrast, provides set medical and income benefits but no damages for pain and suffering. If a worker is killed, wrongful death and survival claims under Chapter 71 of the Civil Practice and Remedies Code may be available against third parties and nonsubscriber employers, while an employer that carries workers’ comp can face exemplary damages only through the § 408.001(b) path described above [3]. Exemplary damages require proof of gross negligence and are capped under Chapter 41 [9]. No outcome or amount is guaranteed.

What If the Employer or Another Party Disputes Liability?

Disputes are common. A nonsubscriber may deny that it was negligent, argue the injury did not arise in the course of employment, contest causation or damages, or assert the intoxication or intentional-injury grounds that § 406.033 leaves open [2]. A general contractor may say the subcontractor controlled the work. A property owner may invoke Chapter 95 [7]. A manufacturer may blame misuse or maintenance. Each defendant may also try to place responsibility on others under Chapter 33 [8]. This is why early evidence preservation and legal review matter.

What If Insurance Is Involved?

Several coverage situations can overlap. A subscriber’s workers’ compensation carrier handles the comp claim. If you later recover from a third party, Labor Code Chapter 417 addresses the carrier’s subrogation interest and reimbursement [5], so a third-party settlement may be affected by benefits already paid. Some nonsubscribers offer an occupational injury benefit plan that asks employees to accept benefits and sign documents. Those documents can include release or arbitration terms, so have them reviewed before signing. Third parties usually carry commercial liability insurance, and adjusters for those insurers may contact you early.

How Long Do I Have to Act?

These Texas deadlines run separately, and missing one can end a claim. Exceptions may change the dates in some cases, so a GoSuits attorney can confirm the deadlines that apply to you.

Chapter 409 also addresses late notice. Under § 409.002, missing the 30-day deadline doesn’t end a workers’ compensation claim if the employer, a supervisor, or the insurance carrier already knew about the injury, if the state finds good cause for the delay, or if the employer or carrier doesn’t dispute the claim. Filing a workers’ compensation claim doesn’t pause the two-year deadline to file a lawsuit, so track each deadline separately. Under Civil Practice and Remedies Code § 15.002, a lawsuit is generally filed in a Texas district court in the county where the injury happened or where the defendant is based, such as a Dallas County district court at the George L. Allen Sr. Courts Building.

What Should I Do Next?

Keep a folder of medical records, wage statements, photographs, and every paper your employer gives you. Write down the 30-day, one-year, and two-year dates from the day of injury. Avoid posting about the accident on social media. Then arrange a confidential review with a Texas personal injury attorney so someone can identify your employer’s coverage status, the companies on the site, and any evidence that needs to be preserved before it disappears. Representing yourself in a construction injury dispute carries real risk, because several defendants and statutes can interact in ways that are hard to see from the outside.

Related Texas Personal Injury Resources

People hurt on Dallas-Fort Worth job sites often review related topics, including claims against equipment makers handled by a Dallas product liability team, and broader Texas injury resources. Our Dallas construction injury page describes how site-injury claims are evaluated. Dallas construction accident lawyers and work injury lawyers in Dallas can also explain how a comp claim and a third-party case may run side by side. Texas construction accident lawyers evaluate each case on its own facts, and past descriptions of legal issues are not predictions of results.

Talk With a GoSuits Attorney

A construction injury can involve employer coverage questions, several liable companies, OSHA records, and strict deadlines. If you were hurt on a job site in Dallas-Fort Worth, a GoSuits attorney can review what happened and explain your options. You can schedule a free consultation to discuss your situation, or reach our Dallas-based injury team. Our personal injury lawyers handle claims throughout Texas, and a Texas personal injury claim often turns on facts that fade quickly.

This article is general legal information about Texas law, not legal advice, and does not create an attorney-client relationship. Laws change, and every case depends on its own facts. Past results do not guarantee future outcomes.

References

1. Non-subscriber employers and notices – Texas Department of Insurance, Division of Workers’ Compensation

2. Texas Labor Code Chapter 406, including § 406.033 – Texas Statutes

3. Texas Labor Code Chapter 408, including § 408.001 – Texas Statutes

4. Texas Labor Code Chapter 409, including §§ 409.001 and 409.003 – Texas Statutes

5. Texas Labor Code Chapter 417, Third-Party Liability – Texas Statutes

6. Texas Civil Practice and Remedies Code Chapter 16, including § 16.003 – Texas Statutes

7. Texas Civil Practice and Remedies Code Chapter 95 – Texas Legislature

8. Texas Civil Practice and Remedies Code Chapter 33, Proportionate Responsibility – Texas Statutes

9. Texas Civil Practice and Remedies Code Chapter 41, including § 41.001 – Texas Statutes

10. Opinion, No. 18-0852 – Supreme Court of Texas

11. 29 CFR 1904.39, Reporting fatalities, hospitalizations, amputations, and losses of an eye – eCFR

12. Revised Interim Enforcement Procedures for Reporting Requirements under 29 CFR 1904.39 – OSHA

13. 29 U.S.C. § 660, Judicial review and retaliation protections – Cornell Legal Information Institute

14. Workers’ compensation coverage verification – Texas Department of Insurance

15. 29 CFR Part 1926, Safety and Health Regulations for Construction – eCFR