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Construction accident law in Texas covers a wide range of legal matters that arise when individuals are injured or killed on construction sites. The construction industry is inherently dangerous due to heavy equipment, hazardous materials, and high-risk activities. Workers, contractors, visitors, and even bystanders may sustain serious injuries as a result of unsafe conditions, negligence, or regulatory violations. Texas law allows injured parties to pursue compensation through workers' compensation, personal injury lawsuits, or third-party claims, depending on the circumstances of the accident.
If you have been involved in a construction accident in Texas, you may need legal assistance to navigate the complexities of the claims process. Here are some common situations where a lawyer can be invaluable:
Texas construction accident law is unique in several ways. Unlike many states, Texas does not mandate that private employers carry workers' compensation insurance. Employers who opt out are known as non-subscribers, and employees injured while working for non-subscribers may file personal injury lawsuits against their employer. For employers carrying workers' compensation, employees are generally limited to benefits provided under the state program but do not need to prove fault.
Texas also recognizes third-party claims, which allow injured workers to seek compensation from parties other than their employer, such as property owners, general contractors, subcontractors, or equipment manufacturers. State and federal safety regulations, including those enforced by the Occupational Safety and Health Administration (OSHA), play a significant role in determining liability and standards of care in construction accident cases.
The statute of limitations for personal injury claims in Texas is typically two years from the date of the accident, but there are exceptions that a lawyer can explain. Comparative fault rules may reduce your compensation if you are found partially responsible for your own injuries.
Report the injury to your employer as soon as possible, seek medical attention, document the scene if safe to do so, and collect the names and contact information of any witnesses.
No, Texas is unique in that workers' compensation insurance is not mandatory for all employers. Some employers opt out, which opens them to potential lawsuits from injured employees.
If your employer does not carry workers' compensation insurance, you may file a personal injury lawsuit against them. If they do have insurance, your compensation is usually limited to workers' compensation benefits unless a third party was also at fault.
You may be entitled to medical expenses, lost wages, disability benefits, vocational rehabilitation, pain and suffering, and in some cases, punitive damages if negligence or willful misconduct is proven.
Yes, if a party other than your employer, such as a contractor, property owner, or equipment manufacturer, contributed to your injuries, you may pursue a third-party claim in addition to a workers' compensation claim.
The general statute of limitations for personal injury lawsuits in Texas is two years from the date of the accident.
No, you are not required to prove your employer was at fault to receive workers' compensation benefits. However, fault is an essential factor in personal injury lawsuits and third-party claims.
Employers must comply with federal and state safety regulations, provide proper training, maintain safe equipment, and take reasonable steps to protect employees from foreseeable hazards.
Texas follows a modified comparative fault rule. If you are found to be 50 percent or more at fault, you cannot recover damages in a personal injury lawsuit. If you are less than 50 percent at fault, your compensation will be reduced in proportion to your responsibility.
It is illegal for employers to retaliate against employees for filing a workplace injury claim. If you believe you have faced retaliation, you may have a separate legal claim against your employer.
If you need more information or help about construction accident legal issues in Texas, the following resources may be useful:
If you have suffered a construction accident in Texas, protect your rights by taking these steps:
An experienced attorney can help you navigate the legal process, protect your interests, and work toward securing the compensation and benefits you deserve.
