Pursuing injury compensation after a construction accident can be complicated, especially because there are often multiple parties involved: the property owner, general contractor, multiple subcontractors, equipment manufacturers, and even staffing agencies. All of these parties are working together at the same time in the same space. So, when an injury occurs, it’s rare to have one party hold all of the liability for the accident.
If there are multiple contractors on a construction site injury, then you need legal support to not only identify every responsible party, but also to gather the necessary evidence to prove liability relating to your claim. In the state of Texas, the proportionate responsibility law allows the fault to be divided across multiple defendants. So, you can file one lawsuit and pursue all responsible parties at the same time.
Depending on the situation, you might have workers’ compensation that kicks in immediately to cover the urgent medical costs. But workers’ comp doesn’t cover full wages or pain and suffering. So, you often need to also pursue third-party claims against other non-employer parties that were involved.
The Chain of Liability: Who Is Responsible for a Construction Site Accident in Texas?
It can be a complicated process to prove liability, which is why it’s best to consult with an experienced construction site accident attorney in Texas for personalized recommendations. You need a legal advocate who will help you maximize available compensation and ensure that the responsible parties are held liable for their actions.
- General Contractor Liability: The first place to look is at the general contractor. In Texas, the courts will apply an “actual control” test that determines the general contractor’s liability. This test evaluates who directed the work, where the tools and equipment came from, and who had the authority to oversee safety. For example, if a GC hired an unqualified or unlicensed subcontractor, then that GC could be liable for negligent hiring practices. General contractor liability goes beyond the actions of their own employees and also includes the safety of the entire site.
- Subcontractor Liability: Next, we’ll look at any liability held by the subcontractor. If the crew was operating equipment unsafely or made other mistakes like mishandling of hazardous materials or failing to store materials properly, then they might be held liable for the injuries to workers from other companies. In Texas, fault can be assigned across multiple subcontractors. You don’t have to identify one party before filing the claim.
- Property Owner Liability: It’s also important to look at whether the property owner holds any of the liability for the accident. The only property owners who are protected under Chapter 95 of the Texas Civil Practice and Remedies Code are owners who had no actual knowledge of the dangerous condition. There are ways to work around Chapter 95 protections, though, such as prior safety complaints, OSHA inspection records, and the presence of owner representatives on the site. If you choose to name a residential owner as a liable party, then it might be necessary to send a formal demand letter before you are allowed to file the suit.
- Equipment Manufacturers and Rental Companies: Problems with the tools and equipment could be due to manufacturer or rental company negligence. Common examples include defective cranes, or problems with the scaffold planks, harness systems, and power tools. The full chain of distribution is considered when determining liability, which is why rental companies might also be liable.
What Isn’t Covered Under Construction Accident Workers’ Compensation in Texas
While workers’ compensation can be helpful for covering medical bills and a portion of your lost wages, there are definitely gaps in the coverage that is available. For example, standard workers’ comp doesn’t include pain and suffering, disfigurement, or the full earning capacity. In order to receive a settlement for these things, you might choose to pursue a Texas construction accident third-party claim.
In some situations, a Texas employer might have opted out of workers’ comp (which is a legal option), which means that you don’t have coverage, and the only option for a settlement is to pursue a civil lawsuit.
One important thing that you need to keep in mind: if you collect workers’ comp and then win a Texas construction accident third-party claim later, then the workers’ compensation carrier has the right to hold a subrogation lien and take part of your settlement. This is one of the reasons why it’s essential to hire an attorney to help with the negotiations, to minimize the lien amount, and increase the amount of money that you actually receive from the settlement.
Evidence That Wins a Multi-Employer Construction Site Liability Texas Case
When our team is helping with your case, we take a proactive approach to gathering all necessary evidence that will help build a strong claim on your behalf:
- Photos of the scene
- OSHA 300 logs
- Site safety plans
- Subcontractor agreements
- A list of contractors who were present at the time of injury
- Expert testimony
Every case is unique, which is why you need a legal advocate to review your situation and identify the best evidence that needs to be gathered. We offer full-service solutions to ensure the best outcome for your case.
FAQs
Can multiple contractors be held responsible for my construction site injury in Texas?
Yes, there is a proportionate responsibility law in the state of Texas that allows fault to be assigned across multiple responsible parties. Your lawyer will help you determine if multiple contractors’ construction site injury laws apply to your case.
Can I sue the general contractor if my direct employer is a subcontractor?
Yes, general contractor liability might be in place, as long as the general contractor had meaningful control over the site safety on the project.
Can I file both a workers’ compensation claim and a personal injury lawsuit in Texas?
Yes, the benefits of construction accident workers’ compensation in Texas are different from an independent claim through a third-party lawsuit. You might choose to pursue both, depending on the circumstances of your accident.
Consult with a Trusted Construction Site Accident Attorney in Texas
For more information about your legal rights, talk to our team at Green Law Firm to discuss your case. Contact us to book a no-obligation consultation with a knowledgeable personal injury attorney: (956) 542-7000.
