You are hurt, you are worried about your family, and you have no idea whether your employer is going to cover your medical bills. If you were injured on a construction site in Houston, that uncertainty is completely normal, and you are not alone. Texas has some of the most complex workplace injury laws in the country, and construction workers face added risks because many employers opt out of workers’ compensation coverage entirely. What you do right now matters. A Houston construction site injury attorney understands these challenges and can guide you through each step toward the compensation you deserve.
Steps to Take Immediately After a Construction Site Injury
Your health is the priority. If you are seriously hurt, call 911 or have a coworker do it for you. Paramedics will assess your injuries and transport you to the hospital. Even injuries that feel minor at first, such as back pain or headaches, can indicate something more serious. Some injuries, such as internal trauma or traumatic brain injuries, might not present symptoms immediately but can become life-threatening if left untreated.
Once your immediate medical needs are addressed, take these steps to protect your legal rights:
Report the Injury to Your Employer in Writing
Texas law says you must report work injuries within 30 days. However, you should notify your supervisor as soon as possible. Texas law does not specifically require written notice to your employer, but you should put your report in writing and keep a copy for your records. Written documentation creates a verifiable record that can protect your claim if your employer later disputes whether or how you reported the injury.
Document the Accident Scene
Take photos or videos of the accident site, your injuries, and any equipment or conditions that contributed to the accident, and gather contact information from any witnesses. This documentation can be critical in establishing liability.
Keep Records of All Medical Treatment
Save every bill, prescription, doctor’s note, and referral related to your injury. These records form the backbone of your compensation claim.
Avoid Giving Recorded Statements
Your employer’s insurance adjuster may contact you quickly. Do not provide a recorded statement or sign any documents before speaking with an attorney.
Following these steps creates a paper trail that strengthens your case and makes it harder for an insurance company to minimize or deny your claim.
How Workers’ Compensation Works for Texas Construction Workers
Texas handles workers’ compensation differently than any other state in the country. Texas does not require most private employers to have workers’ compensation. This means many Houston construction companies are “non-subscribers” that have opted out of coverage entirely.
But private employers who contract with government entities must provide workers’ compensation coverage for the employees working on the project. If you were working on a public project, such as a city road or school building, your employer was likely required to carry coverage.
If your employer does carry workers’ compensation, you can file a claim for medical expenses and a portion of your lost wages. You typically have 30 days from the date of the accident to report your injury to your employer and one year to file a workers’ compensation claim.
Workers’ comp operates as a no-fault system, so you do not need to prove your employer was negligent to receive benefits. However, the trade-off is that you generally cannot sue your employer directly, and the benefits are limited.
If your employer is a non-subscriber, your legal options change significantly. If an employer does not provide workers’ compensation coverage, they generally lose the “exclusive remedy” protection that normally bars employees from suing their employer over a work‑related injury.
Texas law also limits key defenses non-subscribing employers can raise in these lawsuits. Typically, employers cannot rely on:
- Contributory negligence: Alleging the employee was partially to blame for their injuries.
- Assumption of risk: Claiming the employee knew the risks and knowingly accepted the danger.
- Co-worker negligence: Arguing that a fellow worker’s actions broke the chain of liability for the employer.
This often gives injured workers stronger leverage in pursuing full compensation through a personal injury lawsuit.
Who Can Be Held Liable for a Houston Construction Injury?
Construction sites involve multiple companies, crews, and contractors working side by side, and the party responsible for your injury may not be your direct employer. A third-party claim arises when someone other than the employer or a co-worker is responsible for the worker’s injuries.
For instance, if a subcontractor, equipment manufacturer, or property owner contributed to the accident, the injured worker might have the right to pursue a third-party claim against that entity. These claims are separate from workers’ compensation and can provide additional compensation.
Potentially liable parties on a Houston construction site include:
- General contractors who failed to maintain safe working conditions across the site
- Subcontractors whose negligence, such as improper scaffolding setup, caused your injury
- Equipment manufacturers who produced a defective tool or machine
- Property owners who knew about dangerous conditions but failed to correct them
Unlike workers’ compensation, which typically only covers medical bills and a portion of lost wages, a third-party claim allows you to seek broader damages, including pain and suffering, emotional distress, and future lost income. You can pursue a third-party claim even if you are also receiving workers’ comp benefits from your own employer.
Identifying every responsible party is critical to maximizing your recovery, and an experienced attorney can investigate the chain of contractors and vendors involved in your project.
Deadlines That Could Affect Your Construction Injury Claim
Time-sensitive deadlines apply to every type of construction injury claim in Houston, and missing them can permanently bar you from recovering compensation. In Texas, the time limit is two years for most personal injury cases, established by the Texas Civil Practice & Remedies Code, Section 16.003. This two-year statute of limitations applies to third-party lawsuits and negligence claims against non-subscribing employers.
For workers’ compensation claims, the deadlines are even shorter. You must report the injury to your employer within 30 days and file a formal claim with the Division of Workers’ Compensation within one year. If your claim is against a government entity, you may face additional notice requirements under the Texas Tort Claims Act.
Evidence also degrades over time. Witnesses forget details, safety conditions change, and companies may alter records. Acting quickly allows your attorney to preserve critical evidence from the job site, including maintenance logs, safety inspection records, and surveillance footage. The sooner you take action, the stronger your position becomes.
Hernandez Sunosky, LLP Fights for Injured Houston Construction Workers
If you were hurt on a construction site in the Houston area, you do not have to face the insurance companies alone. The attorneys at Hernandez Sunosky, LLP are former insurance defense lawyers who know how insurers build their cases and where their strategies break down. We use that insider knowledge to fight for injured workers across Kingwood, Houston, and throughout Texas. Contact us for a free, no-obligation consultation. We do not get paid unless you get paid.