After a construction accident in Texas, the parties who may be liable include the general contractor, a subcontractor, the manufacturer of defective equipment, or the property owner — and sometimes more than one at once. You can claim medical costs, lost wages, pain and suffering, and permanent disability or impairment whether you have papers or not. Here’s what you need to know.
Who can be liable
Identifying who is responsible comes first, because a job site usually involves several companies. Depending on the facts of the case, liability can fall on:
The general contractor, for overall site safety.
A subcontractor, for specific work or equipment.
The manufacturer of a defective machine or tool.
The property owner, under certain dangerous conditions.
Most common construction injuries in Dallas
Construction sites carry some of the highest risks – falls from height, such as scaffolds, being struck by objects or machinery, electrocutions, burns, caught-in/between injuries (please clarifty), back injuries, and tunnels, holes or ditches collapsing. Many of these are serious and require long-term treatment.
Can I file a claim if I'm undocumented?
Yes. In Texas, an injured worker can pursue compensation regardless of immigration status. Your immigration situation does not prevent you from seeking compensation for a workplace accident, and a lawyer can handle your case confidentially. Under the United States legal system, it does not matter whether you have legal documents or not.
What compensation I can claim
Depending on your case, you can claim present and future medical costs, lost wages and loss of earning capacity, and pain and suffering. An important point in Texas is that workers’ comp is optional for employers: if yours does not carry it (a “nonsubscriber”), you can sue them directly for negligence, and they lose key legal defenses.
Legal deadlines in Texas
You generally have 2 years from the date of the accident to file a lawsuit. It’s best to act early: job-site evidence (photos, safety records, witnesses) can disappear quickly.
Immediate steps after an on-site accident
Report the accident to your supervisor and ask for it in writing.
Seek medical care immediately and keep all documents.
Take photos of the site, the equipment, and your injuries if you can.
Write down witnesses’ names and don’t sign anything without advice.
Frequently Asked Questions
If your employer has workers’ comp, you usually can’t sue the employer, but you can sue responsible third parties, such as a contractor or the manufacturer of defective equipment.
In Texas, many employers don’t carry workers’ comp. If yours doesn’t, you can sue them directly for negligence and the company loses important defenses.
It depends on the severity of the injuries, medical costs, lost wages, and long-term impact. It’s best to consult with an attorney.
No. An injured worker can pursue compensation regardless of immigration status, and the case is handled confidentially.
At The Law Offices of John R. Salazar, we help injured construction workers in Dallas, regardless of immigration status. The evaluation is free and confidential, and we don't charge unless we win. Call (214) 833-5378.
This article is for information only and is not legal advice. Every case is different; consult a lawyer about your specific situation.