Construction sites in Texas present serious risks. Falls, equipment failures and falling objects can lead to life-changing injuries. Workers’ compensation can help, but it may not cover everything an injured worker needs.
In many cases, an injured construction worker may have other legal options to seek full compensation.
Workers’ compensation limits recovery
Texas does not require all employers to carry workers’ compensation insurance. For those who do, workers’ compensation usually pays for medical bills and a portion of lost wages. However, it does not cover full lost income, pain and suffering or long-term financial damage. A worker with permanent injuries may face major medical costs and reduced earning power for life. Workers’ compensation often falls short in these situations.
Third-party claims may provide more
Texas law allows injured workers to file personal injury claims against third parties. A third party is someone other than the employer, such as a subcontractor, equipment manufacturer or property owner. If someone else’s negligence caused the injury, a personal injury claim can help recover full lost wages, pain and suffering, future medical expenses and more.
For example, a worker injured by a defective power tool may file a claim against the tool manufacturer. A worker struck by a delivery truck on-site may file a claim against the trucking company. These third-party claims often lead to larger recoveries than workers’ compensation alone.
Employers without coverage face direct liability
Texas does not require employers to carry workers’ compensation, so some choose not to. When a construction company lacks this coverage, it can face a direct lawsuit from an injured worker. In those cases, the worker can seek damages beyond medical bills and wage loss, including pain and suffering and future losses.
Construction accident claims in Texas can involve multiple parties and complicated facts. Workers need to understand when a third-party claim may be possible. Workers’ compensation may provide a starting point, but it often does not provide enough help for serious injuries.