Construction is one of the most dangerous industries in Texas.

Every day, construction workers face risks from falls, heavy machinery, electrical hazards, collapsing structures, defective equipment, and negligent subcontractors. A single mistake on a job site can result in catastrophic injuries that permanently change your life.

After a serious workplace injury, many workers assume their only option is to file for workers’ compensation. In Texas, however, that isn’t always true.

Unlike nearly every other state, Texas allows many private employers to opt out of the workers’ compensation system. Additionally, even if your employer carries workers’ compensation insurance, you may still have the right to file a personal injury lawsuit against a negligent third party.

At Orange Law, we help injured construction workers throughout Texas identify every available source of compensation and aggressively pursue the maximum recovery possible.

Why Texas Is Different

Texas is unique because most private employers are not required to carry workers’ compensation insurance.

Instead, employers generally fall into one of two categories:

• Workers’ compensation subscribers
• Non-subscribers

That distinction can dramatically affect your legal rights after a construction accident.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance system designed to provide limited benefits to employees injured on the job.

If your employer subscribes to workers’ compensation, you generally do not have to prove your employer was negligent to receive benefits.

Workers’ compensation may provide:

• Medical treatment
• Partial wage replacement
• Impairment income benefits
• Supplemental income benefits (when applicable)
• Death benefits for eligible family members

While these benefits can be helpful, they are also limited. Workers’ compensation generally does not compensate you for pain and suffering, mental anguish, or the full value of your lost income.

What Is a Personal Injury Claim?

A personal injury lawsuit is entirely different.

Instead of receiving limited statutory benefits, an injured worker can pursue compensation from the negligent party responsible for the accident.

Depending on the circumstances, this may include:

• Your non-subscriber employer
• A general contractor
• Another subcontractor
• A property owner
• An equipment manufacturer
• A maintenance company
• A negligent driver
• A product manufacturer

Unlike workers’ compensation, a successful personal injury claim may compensate you for the full extent of your losses.

Workers’ Compensation vs. Personal Injury: What’s the Difference?

Workers’ Compensation	Personal Injury Lawsuit
No need to prove fault	Must prove negligence
Medical benefits	Full medical expenses (past and future)
Partial wage replacement	Full lost wages and lost earning capacity
No pain and suffering damages	Pain and suffering may be recoverable
Limited statutory benefits	Potentially substantial compensation
Generally cannot sue subscribing employer	Can sue negligent third parties and, in many cases, non-subscriber employers

For many seriously injured construction workers, a personal injury claim can provide significantly broader compensation than workers’ compensation alone.

What Is a Non-Subscriber Employer?

A non-subscriber is a private employer that chooses not to participate in the Texas workers’ compensation system.

When a non-subscriber’s negligence causes an employee’s injury, the injured worker may have the right to file a lawsuit directly against the employer.

Even more importantly, Texas law limits many of the traditional defenses available to non-subscriber employers, making these cases significantly different from ordinary negligence lawsuits.

Can You Receive Workers’ Compensation and Still File a Lawsuit?

Yes.

One of the biggest misconceptions among injured construction workers is that accepting workers’ compensation automatically prevents any lawsuit.

That is not always true.

If someone other than your employer caused or contributed to your injury, you may still pursue a third-party personal injury claim while receiving workers’ compensation benefits.

What Is a Third-Party Construction Accident Claim?

Construction sites rarely involve only one company.

You may have:

• General contractors
• Multiple subcontractors
• Equipment suppliers
• Crane operators
• Delivery companies
• Property owners
• Engineers
• Architects

If one of these parties acted negligently, they may be liable for your injuries.

Common third-party defendants include:

General Contractors

General contractors have a duty to maintain reasonably safe work conditions and coordinate worksite safety.

Other Subcontractors

A different subcontractor’s unsafe practices may create dangerous conditions for everyone on the site.

Equipment Manufacturers

Defective ladders, scaffolding, forklifts, cranes, power tools, and safety equipment can lead to catastrophic injuries.

Property Owners

Unsafe premises, hidden hazards, or dangerous conditions may expose property owners to liability.

Commercial Drivers

Construction workers are frequently injured by delivery trucks, dump trucks, and commercial vehicles operating on or near construction sites.

Common Construction Accidents That May Lead to a Lawsuit

Construction injuries frequently involve:

• Falls from scaffolding
• Ladder accidents
• Roof falls
• Crane collapses
• Forklift accidents
• Trench collapses
• Falling objects
• Electrocutions
• Explosions
• Machinery accidents
• Heavy equipment failures
• Structural collapses
• Defective power tools
• Slip and fall accidents

Many of these incidents involve negligence beyond your direct employer.

What Compensation Is Available in a Personal Injury Claim?

A successful personal injury lawsuit may allow recovery for:

Medical Expenses

Including:

• Emergency treatment
• Hospitalization
• Surgery
• Rehabilitation
• Physical therapy
• Future medical care

Lost Wages

Compensation for income already lost while recovering.

Lost Earning Capacity

If your injuries permanently reduce your ability to earn a living, you may recover compensation for future lost earning potential.

Pain and Suffering

Unlike workers’ compensation, personal injury claims may include damages for:

• Physical pain
• Mental anguish
• Emotional distress
• Loss of enjoyment of life

Physical Impairment

Permanent disabilities often justify additional compensation.

Disfigurement

Scarring, amputations, burns, and permanent physical changes may be separately compensable.

Wrongful Death Damages

If a construction accident results in a fatality, surviving family members may pursue damages available under Texas wrongful death and survival laws.

What If You Were Partially at Fault?

Many injured workers wrongly assume they cannot recover compensation because they made a mistake.

That is not always true.

Texas follows a modified comparative responsibility system for many negligence claims. Depending on the facts and the type of claim, partial fault does not necessarily eliminate your right to recover damages. In non-subscriber cases, employers also lose certain defenses that would otherwise reduce or defeat liability.

What Evidence Helps Build a Strong Construction Injury Case?

Orange Law immediately works to preserve critical evidence, including:

• OSHA investigation reports
• Incident reports
• Photographs
• Surveillance footage
• Witness statements
• Safety manuals
• Maintenance records
• Inspection reports
• Employment records
• Medical records
• Expert opinions
• Construction contracts
• Subcontractor agreements

Early investigation is often the difference between a successful claim and a denied one.

Frequently Asked Questions

Can I sue my employer after a construction accident?

If your employer is a non-subscriber, you may be able to sue them for negligence. If your employer subscribes to workers’ compensation, your claims against the employer are generally limited, but you may still have claims against negligent third parties.

Can I receive workers’ compensation and file a third-party lawsuit?

Yes. Many injured construction workers receive workers’ compensation benefits while pursuing a separate negligence claim against another responsible party.

How long do I have to file a personal injury lawsuit?

In most Texas personal injury cases, the statute of limitations is generally two years from the date of the injury, although exceptions may apply. Prompt legal advice is important to preserve your rights.

Why Choose Orange Law?

Construction accident cases often involve multiple companies, overlapping insurance policies, OSHA regulations, engineering experts, and complex questions about employer status and third-party liability.

At Orange Law, we investigate every angle of your case to determine whether you have:

• A workers’ compensation claim
• A non-subscriber negligence claim
• A third-party personal injury lawsuit
• Product liability claims
• Premises liability claims

Our goal is simple: identify every responsible party and pursue the maximum compensation available under Texas law.

Contact Orange Law Today

If you were injured on a Texas construction site, don’t assume workers’ compensation is your only option.

Depending on the facts of your case, you may be entitled to recover compensation far beyond workers’ compensation benefits.

Orange Law represents injured construction workers across Texas in claims involving:

• Construction accidents
• Third-party negligence
• Non-subscriber employer claims
• Catastrophic injuries
• Wrongful death
• Defective equipment
• OSHA-related incidents

Contact Orange Law today for a free consultation. We work on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you.