Construction accidents can turn lives upside down in an instant. You might be dealing with severe injuries, mounting medical bills, lost income, and emotional pain after a fall from scaffolding, a machinery malfunction, or a collapse on the job site.
These incidents often leave workers and their families feeling overwhelmed and uncertain about the future. It's heartbreaking to see hardworking people face such sudden hardships, but there are paths to recovery and fair compensation.
At Harrell & Paulson, with offices in Kaufman and Heath, Texas, our knowledgeable legal team understands the emotional and physical turmoil that comes with a personal injury. Together, we can hold the negligent party accountable for their actions. We proudly assist injured workers in Kaufman, Forney, Terrell, Rockwall, and nearby communities in seeking the justice they need. If you've been hurt on a construction site, reach out to us today for guidance on your options.
Workers' Compensation in Construction Cases
Most construction employers in Texas carry workers' compensation insurance, which provides benefits if you're injured on the job. This system operates on a no-fault basis—you don't have to prove anyone caused the accident to receive coverage.
These claims often move faster than lawsuits because fault isn't an issue. Benefits typically include medical treatment, partial wage replacement, and, in some cases, disability payments. However, they come with limits, such as capped amounts and no recovery for pain and suffering.
In contrast, many other personal injury cases, like car accidents or slip-and-falls in stores, don't involve workers' compensation at all. Instead, you file directly against the at-fault party's insurance, proving negligence to recover damages.
This difference means construction claims can offer quicker initial relief through workers' comp, but they might not fully address long-term needs after catastrophic injuries.
Third-Party Liability Claims
Construction sites involve multiple parties—general contractors, subcontractors, equipment manufacturers, and property owners. If someone other than your employer contributed to your injury, you can pursue a third-party liability claim alongside workers' compensation.
These claims allow recovery for a broader range of damages, including pain and suffering, full lost wages, and emotional distress—items often excluded from workers' comp.
Common Third Parties in Construction Accidents:
Construction accidents often involve multiple parties beyond your employer, allowing for third-party claims in addition to workers' compensation benefits.
Defective equipment manufacturer: If faulty machinery caused your fall or crush injury.
Negligent subcontractor: For failing to secure the site correctly, leading to hazards.
Property owner: If unsafe conditions on the premises played a role.
Unlike typical personal injury cases, such as a slip-and-fall at a grocery store (usually against one property owner) or a car crash (often against another driver), construction third-party claims can involve several defendants. This adds layers but also opens doors to greater compensation.
Pursuing both workers' comp and third-party claims together often maximizes recovery, something less common in non-workplace injuries. Working with an experienced personal injury attorney can make this process smoother.
Proving Fault and Negligence
Standard personal injury cases require you to prove the other party acted negligently and caused your harm. For example, in a car accident, you show the driver ran a red light; in a slip-and-fall, you demonstrate the store ignored a spill. For workers' compensation against a subscribing employer, no proof of fault is needed—benefits flow regardless.
Third-party or nonsubscriber employer claims demand full negligence proof, often involving safety violations or OSHA standards. In Texas, an OSHA violation doesn't automatically prove negligence per se. Still, it is robust evidence of a breach of duty, especially when combined with other factors such as inadequate training or ignored hazards.
Key Elements to Establish Negligence:
To succeed in a third-party construction accident claim in Texas, you must prove negligence by establishing these key elements:
Duty of care owed: The party had a responsibility to keep the site safe.
Breach of duty: They failed, for example, by failing to provide proper guarding on equipment or by skipping required fall protection.
Causation: That failure directly led to your injury.
Damages suffered: Your medical costs, lost income, and other losses.
Texas follows modified comparative negligence—if you're more than 50% at fault (often called the 51% bar), you recover nothing in a lawsuit. Your share reduces awards below that threshold. For nonsubscriber employers, they lose certain defenses, like blaming their own contributory negligence or a fellow worker's actions, making it easier to hold them accountable.
This fault requirement makes third-party construction claims more like traditional personal injury cases, but with added scrutiny from regulations and multiple parties involved. Gathering strong evidence early, such as OSHA reports or site inspections, often strengthens your position significantly.
Types of Damages Available
Damages in personal injury cases aim to make you whole again. Construction accidents often result in severe outcomes, like fractures, traumatic brain injuries, or spinal damage, leading to higher potential recoveries. Workers' compensation limits you to economic losses: medical bills and partial wages. It excludes non-economic damages, such as pain and suffering. Third-party claims unlock fuller compensation.
Damages Are Often Pursued in Construction Third-Party Cases:
In third-party construction accident claims, injured workers can seek a broader range of damages beyond the limits of workers' compensation.
Medical expenses: Past and future treatment, rehabilitation, and therapies.
Lost earnings: Full wages missed, plus reduced future capacity.
Pain and suffering: Physical discomfort and emotional trauma.
Punitive damages (rare): If gross negligence occurred, to punish the wrongdoer.
Compared to a typical car accident or premises liability claim, construction cases can yield larger awards due to the severity of injuries and multiple liable parties. However, workers' comp caps can leave gaps without a third-party option. Strong evidence, such as accident reports, witness statements, and medical records, lays the foundation for maximum recovery.
Time Limits and Next Steps
Texas imposes strict deadlines on claims. For most personal injury lawsuits, including third-party construction cases, you have two years from the injury date to file. Workers' compensation requires reporting within 30 days and filing within one year.
Missing these can bar your recovery entirely. Construction cases also involve preserving evidence quickly—sites change fast, and records disappear. We stand ready to review your case, explain your options, and fight for the compensation you need.
If you've been injured, act promptly to protect your rights. Reach out to Harrell & Paulson in Kaufman or Heath, Texas. We serve clients in Kaufman, Forney, Terrell, Rockwall, and surrounding areas.
