/ Work & Construction
Work and Construction Injury Lawyers
Texas does not require most private employers to carry workers’ compensation. That one fact changes what your claim is, who you are claiming against, and what it may be worth.
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Was your employer a workers’ comp subscriber, or a non-subscriber?
/ The Texas Difference
Subscriber or Non-Subscriber
Texas is the only state that lets most private employers opt out of workers’ compensation. Employers who opt out are called non-subscribers.
If your employer carries comp, your remedy is usually the comp system and your options are limited. If your employer is a non-subscriber, you may bring a negligence claim directly against them — and a non-subscriber loses the common-law defences that would normally protect it.
The first thing we establish is which of the two you are dealing with, because everything after that depends on it.
On a construction site, the company that injured you often is not your employer.
/ Third Parties
The Claim Beyond Your Employer
On a construction site the people who injure you often do not work for your employer. General contractors, subcontractors, equipment owners, suppliers and property owners are separate parties with separate insurance.
A third-party claim sits outside the comp system, which is why it matters even when comp applies to your employment.
Working out who was actually on that site, and under what contract, is investigative work that gets harder the longer it is left.
Reported the injury but heard nothing back? That is common, and fixable.
/ What To Do
The Practical Part
Report the injury in writing and keep a copy. Get medical care and say plainly how the injury happened.
Photograph the site, the equipment and your injuries if you safely can. Sites change within days.
Do not give a recorded statement to an insurer before you understand what kind of claim you have.
Work and construction injuries across Texas. Se habla español.
