Texas Third-Party Construction Accident Lawsuits

A Texas construction worker may have a third-party injury claim when someone other than the worker’s employer helped cause the accident. The responsible party could be a general contractor, another subcontractor, a property owner, an equipment maker, a delivery company, or another business on the site. A third-party claim may provide compensation that workers’ compensation does not, including payment for pain, mental anguish, physical impairment, and disfigurement.

These cases are rarely simple. Several companies may share the same job site, and each one may blame another. The right result often depends on contracts, safety plans, work orders, photographs, equipment records, and testimony about who controlled the work. An experienced Houston construction accident lawyer can identify every possible source of recovery and move quickly to protect evidence.

Written and legally reviewed by Greg Baumgartner, a Texas personal injury attorney licensed since 1985. Last reviewed: July 23, 2026.

What Is a Third-Party Construction Accident Claim?

A third-party construction accident claim is a civil claim against a person or company other than the injured worker’s employer. The claim usually alleges that the third party acted carelessly, created an unsafe condition, supplied a defective product, or controlled the work in a way that caused the injury.

For example, an electrician may be employed by one subcontractor but injured when another subcontractor removes a guardrail. A laborer may be struck by a delivery truck operated by an outside company. A worker may fall because a defective harness or anchor point failed. In each situation, the worker may have a claim against a separate company.

Can You Receive Workers’ Compensation and File a Third-Party Lawsuit?

Often, yes. Texas workers’ compensation benefits and a third-party claim serve different purposes. Workers’ compensation may pay approved medical expenses and part of the worker’s lost income without requiring proof that the employer was negligent. A third-party claim requires proof of legal fault, but it may allow a much broader recovery.

Texas is different from most states because private employers are generally allowed to choose whether to carry workers’ compensation insurance. The Texas Department of Insurance explains Texas employer coverage rules and refers to employers without approved coverage as nonsubscribers.

When an employer provides workers’ compensation coverage, Texas Labor Code § 408.001 generally makes those benefits the employee’s exclusive remedy against the covered employer and its employees. A limited exception permits certain surviving family members to seek exemplary damages when a covered employee’s death was caused by the employer’s intentional conduct or gross negligence.

There is another important wrinkle on large projects. Under Texas Labor Code Chapter 406, a general contractor and subcontractor may enter a written agreement for the general contractor to provide workers’ compensation coverage to the subcontractor and its employees. When that arrangement applies, the general contractor may be treated as the worker’s employer for workers’ compensation purposes and may have immunity from an ordinary negligence suit.

Because coverage and employment status can significantly alter the case, the first step is to identify all companies involved and obtain their contracts and insurance information. Our Houston work injury lawyer also reviews nonsubscriber claims and disputes over whether a worker was an employee or an independent contractor.

Who May Be Liable for a Texas Construction Accident?

The company that issues a worker’s paycheck is not always the only party responsible for job-site safety. Construction projects often involve many businesses with separate duties. The facts may support claims against one or more of the following parties.

Why “Right of Control” Matters in Construction Cases

Texas law does not make a general contractor automatically responsible for every act of an independent subcontractor. The key issue is often whether the general contractor kept or used the right to control the part of the work that caused the injury.

A broad right to inspect progress, stop unsafe work, or require compliance with general safety rules may not be enough by itself. The evidence becomes stronger when the contractor directed the method of the work, selected the equipment, controlled the sequence, approved a dangerous procedure, or gave instructions that increased the risk.

Control may appear in a written contract, but actual conduct at the site also matters. Useful evidence can include daily reports, text messages, meeting notes, permits, toolbox talks, and testimony from workers who heard the instructions. Job titles alone do not decide the issue.

Questions about worker classification can also overlap with control. A company may call someone an independent contractor even though it directs the person’s hours, tools, methods, and day-to-day work. Learn more about the difference between an independent contractor and an employee under Texas law.

When Can a Property Owner Be Liable?

Claims against property owners require special care. Chapter 95 of the Texas Civil Practice and Remedies Code may apply when a contractor or subcontractor is injured while constructing, repairing, renovating, or modifying an improvement to real property.

When Chapter 95 applies, an injured worker generally must show that the owner exercised or retained control over the way the work was performed, beyond a general right to order the work to start or stop, inspect progress, or receive reports. The worker must also show that the owner had actual knowledge of the danger and failed to give an adequate warning.

That does not mean owners are never responsible. It means the case must be built around the exact work, the exact improvement, the owner’s actual knowledge, and the control shown by the contract and the owner’s conduct.

Defective Tools and Safety Equipment Can Create Product Claims

Sometimes the unsafe product, not the work method, is the main cause of the injury. A harness may tear. A ladder may fail. A scaffold component may break. A machine may start without warning. A crane part may fail under a normal load.

A product claim may be brought against a manufacturer, distributor, seller, or another party in the supply chain, depending on the facts. These cases may involve a design defect, a manufacturing defect, or inadequate warnings. Our Houston product liability lawyer works with qualified experts to examine the product and determine why it failed.

Construction Accidents That May Support a Third-Party Claim

A third-party claim can arise from almost any serious construction accident when a separate company helped cause the danger. Common examples include:

• Falls from scaffolds, roofs, ladders, lifts, or unguarded openings
• Trench collapses and excavation accidents
• Electrical injuries and electrocutions caused by live lines, poor grounding, or lockout failures
• Crane, forklift, loader, and heavy-equipment accidents
• Falling objects and dropped loads
• Structural, wall, ceiling, and scaffold collapses
• Fires, explosions, chemical exposure, and severe burns
• Vehicle and delivery accidents inside a work zone
• Crush injuries caused by machinery or moving materials

Evidence That Can Prove a Third-Party Construction Claim

Construction sites change quickly. Materials are moved, openings are covered, equipment is repaired, and workers leave for the next project. A strong investigation should begin before the scene looks different.

Important evidence may include:

• The prime contract, subcontracts, change orders, and insurance certificates
• Site-specific safety plans, job hazard analyses, and pre-task plans
• Daily reports, superintendent logs, schedules, and progress photographs
• Incident reports, witness names, written statements, and 911 records
• Surveillance video, drone footage, dashcam video, and worker photographs
• Toolbox-talk records, training records, and disciplinary documents
• Equipment inspection, repair, maintenance, and rental records
• Emails, text messages, radio traffic, and project-management messages
• OSHA investigation materials, citations, and employer submissions
• The actual product, component, or safety device involved in the accident

Preservation letters should be sent early. When necessary, a court can order that evidence not be altered or destroyed. In major injury and fatal cases, experts may need access to the scene and equipment before repairs begin.

How OSHA Evidence Fits Into a Texas Injury Case

The Occupational Safety and Health Administration describes construction as a high-hazard industry with risks that include falls, heavy equipment, unguarded machinery, electrocution, silica, and asbestos.

An OSHA citation does not automatically prove every part of a civil lawsuit. Still, OSHA standards, inspection findings, photographs, interviews, and company responses can be important evidence. They may help show what a safe company should have done, whether the hazard was known, and which employer controlled the exposed workers.

A lawyer should not wait for OSHA to finish its work. OSHA’s role is workplace enforcement. The injured worker’s civil case requires a separate investigation focused on legal responsibility and full damages.

Workers’ Compensation Compared With a Third-Party Claim

The damages in a civil claim depend on the injury and the evidence. They may include medical expenses, lost wages, reduced earning ability, pain, mental anguish, physical impairment, and disfigurement. Fatal cases may involve wrongful death and survival claims. Read more about damages for workplace injuries in Texas and the rights of families after a fatal construction accident.

Workers’ Compensation Liens and Subrogation

An injured worker may receive workers’ compensation benefits while pursuing a third-party case. However, the carrier may have a right to reimbursement from the third-party recovery. Texas Labor Code Chapter 417 governs many of these third-party and subrogation issues.

The lien should be identified and evaluated early, not after a settlement has been reached. Attorney fees, case expenses, future benefits, and the allocation of the recovery may affect the final numbers. A settlement should not be signed until the worker understands how it will affect the workers’ compensation claim.

How Long Do You Have to File in Texas?

Texas personal injury and wrongful death lawsuits are generally subject to a two-year filing period under Texas Civil Practice and Remedies Code § 16.003. The deadline can be affected by the facts, the claimant’s age, the identity of the defendant, and other legal rules.

Some matters require action much sooner. Claims involving a government unit may have short notice requirements. Evidence may disappear within days. Workers’ compensation also has its own reporting and filing rules. Do not assume that two years means it is safe to wait.

What If the Injured Worker Was Partly at Fault?

A third party may argue that the injured worker ignored a warning, failed to use equipment, or caused the accident. Under Texas Civil Practice and Remedies Code § 33.001, a claimant who is more than 50% responsible is generally barred from recovering damages. A claimant who is 50% or less responsible may recover, but the award is reduced by the assigned percentage of fault.

Construction defendants often blame the worker before the facts are known. A prompt investigation can show that missing guards, unsafe sequencing, poor supervision, defective equipment, or pressure to hurry played the larger role.

Examples From Construction Cases We Have Handled

For more than 40 years, Baumgartner Law Firm has represented injured workers and families in serious construction cases. The examples below show why it is important to investigate every company involved.

Fatal Scaffold Fall

We represented a family after a worker fell from scaffolding. The construction companies and contractors blamed the worker. After litigation and discovery, the case ended in a substantial confidential settlement. The workers’ compensation issues were also addressed so the family’s benefits could be protected.

Roof Fall and Failed Safety Equipment

In another fatal fall case, we pursued claims against several defendants, including the general contractor and the maker of the safety equipment. Each defendant denied responsibility. The claims were resolved shortly before trial through confidential settlements.

Trench Collapse

We represented a worker’s family after a trench cave-in. Several companies denied fault and blamed others. The case was resolved through a confidential seven-figure settlement after the evidence showed why multiple defendants had to be included.

Defective Fall Protection

We also handled a wrongful death claim involving defective fall-protection equipment. As part of the resolution, the manufacturer agreed to correct the product defect to help prevent another tragedy.

Every case depends on its own facts, evidence, insurance, injuries, and law. Past results do not guarantee a similar outcome. See additional personal injury case results.

What to Do After a Serious Construction Accident

1. Get emergency medical care. Do not delay treatment for a serious injury.
2. Report the accident to the employer, but keep a copy of anything submitted.
3. Photograph the scene, equipment, warnings, and injuries when it is safe to do so.
4. Write down the names and contact information of witnesses and every company on the site.
5. Do not give a recorded statement to another company’s insurer without legal advice.
6. Do not allow important equipment, clothing, or safety gear to be thrown away.
7. Speak with a lawyer early enough to preserve contracts, video, electronic records, and physical evidence.

Why Experience Matters in a Third-Party Construction Case

Construction cases are document-heavy and fact-specific. The defense may involve several law firms, insurance carriers, safety experts, engineers, and corporate witnesses. A lawyer must understand both the work itself and the legal rules that decide whether each defendant owed a duty.

Greg Baumgartner founded Baumgartner Law Firm in 1985. He limits the firm’s practice to serious injury and wrongful death matters and personally directs the cases the firm accepts. The firm prepares each case with the evidence and expert support needed for trial, even when a fair settlement remains the goal.

Your consultation is free and confidential. There is no attorney fee unless the firm recovers money for you.

Frequently Asked Questions

Can I sue a general contractor after a construction accident?

Possibly. A general contractor may be liable when it retained or exercised control over the work that caused the injury, created the danger, or assumed a duty and performed it negligently. Workers’ compensation coverage arrangements can also affect whether the contractor has immunity.

Can I sue another subcontractor?

Yes, when another subcontractor’s negligence caused or contributed to the injury and that company is not protected as the worker’s employer. Common examples include removing safety protection, creating an unsafe opening, energizing equipment, or operating machinery carelessly.

Can I file a third-party claim while receiving workers’ compensation?

Often, yes. The workers’ compensation carrier may have a reimbursement interest in the third-party recovery, so the lien and future benefits must be considered before settlement.

What if my employer does not carry workers’ compensation?

An employer without approved workers’ compensation coverage is generally called a nonsubscriber. An injured employee may be able to bring a direct negligence claim against the nonsubscriber, and special Texas rules may limit some of the employer’s defenses.

Does an OSHA violation prove my case?

Not by itself. OSHA evidence can be important, but a civil claim still requires proof of the legal duty, breach, causation, damages, and the defendant’s connection to the work or hazard.

Can a property owner be sued?

Sometimes. Texas Chapter 95 may require proof that the owner controlled the way the work was performed and had actual knowledge of the danger without giving an adequate warning. The exact work and improvement involved matter.

What damages can a third-party claim include?

Depending on the facts, damages may include past and future medical expenses, lost wages, reduced earning capacity, pain, mental anguish, physical impairment, and disfigurement. Fatal cases may include wrongful death and survival damages.

How soon should I contact a lawyer?

As soon as possible after a serious injury or death. The legal filing period may be measured in years, but video, equipment, witness memories, site conditions, and electronic records can be lost much sooner.

Talk With a Texas Construction Accident Lawyer

If you or a family member was seriously injured on a construction site, the company that employed the worker may be only one part of the story. Baumgartner Law Firm can review the contracts, coverage, work relationships, and evidence to determine whether a third-party claim is available.

Call (281) 587-1111 or request a free case evaluation. There is no fee unless we recover money for you.