Construction workers have some of the highest rates of job-related injuries in Texas. If you suffered an on-the-job injury at a construction site, the first step to recover compensation is determining who caused it. There are three primary parties who may be liable for your injuries: A contractor, the property owner, or your employer.
When Are Contractors Liable for Construction Injuries?
Contractors are obligated to maintain a reasonably safe work environment, follow safety protocols, and ensure that equipment is properly maintained and used. The general contractor or a subcontractor working at your job site may be liable for your injuries if they created or ignored dangers at the site.
For example, a contractor may be liable for your injuries if they failed to secure scaffolding, ignored OSHA regulations, or allowed untrained workers to operate heavy machinery. Even if the contractor didn’t directly cause the accident, they could still be responsible if they oversaw the area where it happened.
When Are Property Owners Liable for Construction Injuries?
Property owners can be responsible for construction injuries depending on their control over a job site. If the owner knew about a hazard on the property—like unstable ground, exposed wiring, or a hidden gas line—and failed to warn workers or fix the issue, they may be liable. This principle particularly applies if the hazard wasn’t obvious and contributed directly to an accident.
When Is Your Employer Liable for a Construction Injury?
Your employer is usually responsible for providing a safe workplace, proper training, and functional equipment. If they failed to do any of these things and you got hurt as a result, they may be liable.
For example, if your employer didn’t provide safety gear, forced you to work long hours without breaks, or ignored complaints about dangerous equipment, that’s a clear failure to protect you. In many cases, you’ll file a workers’ compensation claim through your employer, but you may be able to pursue additional compensation in some cases, especially if your employer was severely negligent or was guilty of intentionally harming you.
Compensation for Houston Construction Injuries
If a contractor (other than your employer), property owner, or another party caused or contributed to your injuries, you can pursue a personal injury claim against them. Once you prove the contractor, property owner, or other party acted negligently, you could recover compensation for:
- Your lost wages and reduced future earnings (if applicable)
- Your current and future medical expenses
- Your pain and suffering
- Your emotional distress
- The cost to repair or replace your damaged personal property
The situation is more complicated if your employer caused or contributed to your injuries. In most states, you give up the right to sue your employer in exchange for no-fault workers’ compensation benefits. However, Texas is the only state that doesn’t require most private employers to buy workers’ comp insurance. If your employer doesn’t have workers’ comp, you can file a personal injury claim against them. Your benefits if your employer has workers’ comp insurance could include:
- Complete coverage of all medical expenses related to your injury
- Partial wage-replacement benefits while you heal
- Permanent disability benefits
Other Potentially Liable Parties
If your injuries were the result of an equipment malfunction, and the equipment was being used as intended when it failed, and you got hurt, you might have a claim against the manufacturer. Product liability claims hold the manufacturer, supplier, or retailer of a product liable if their product harms someone through intended use. If a chainsaw malfunctions, the brakes on a forklift fail, or a loader drops a properly secured load, and you’re injured as a result, you can file a claim against the manufacturer for your losses.
Contact the Houston Construction Accident Attorneys of Sherman Law Firm
You’ll need a capable attorney to identify who’s liable for a Houston construction accident and hold them accountable. Firm founder Sam Sherman has spent his entire career defending the rights of the injured and will work tirelessly to help you recover fair compensation. Call Sherman Law Firm now or complete our contact form for a free consultation.