AUSTIN CONSTRUCTION ACCIDENT ATTORNEYS — THIRD-PARTY CLAIMS
Workers' compensation pays medical bills and a portion of lost wages — but it doesn't cover pain and suffering, and it caps income replacement at 70% of your average weekly wage. If a third party (a subcontractor, equipment manufacturer, property owner, or negligent co-worker) caused your injury, you may be able to file a separate third-party lawsuit for full damages — including pain and suffering — on top of your workers' comp benefits.
Texas non-subscriber law is powerful. Many construction employers in Austin opt out of workers' comp. If your employer is a non-subscriber, you can sue them directly in civil court — and they cannot use the common law defenses (assumption of risk, contributory negligence) that normally limit these claims. This can significantly increase your recovery.
Types of Construction Accident Claims in Austin TX
Falls from elevationScaffolding, roofs, ladders, and elevated platforms — the OSHA "Fatal Four" leading cause of construction fatalities
Struck-by accidentsEquipment, vehicles, falling objects, and materials striking workers — second most common Fatal Four cause
Caught-in/betweenMachinery entanglement, trench cave-ins, and equipment crushing — third Fatal Four cause
ElectrocutionContact with overhead power lines, unguarded electrical panels, and faulty equipment
Third-party equipment defectsDefective cranes, scaffolding, power tools, and safety equipment from manufacturers
Toxic exposureSilica, asbestos, lead paint, and chemical exposure at Austin demolition and renovation sites
OSHA's Fatal Four — Austin Construction's Most Dangerous Hazards
1
Falls (38% of deaths)
Fall protection violations are OSHA's #1 cited standard — inadequate guardrails, improper harness use, and unsafe scaffolding are rampant on Austin job sites.
2
Struck-by Objects (11%)
Unsecured materials, swinging crane loads, and vehicle-worker conflicts in congested Austin construction sites.
3
Electrocution (9%)
Unmarked underground utilities, overhead power lines, and temporary wiring are constant hazards on Austin job sites.
4
Caught-in/Between (6%)
Unguarded machinery, trench collapses, and compression between equipment — often fatal when they occur.
5
Non-OSHA Hazards
Heat illness (Austin summers), chemical exposure, repetitive stress injuries, and violence are additional Austin job site dangers.
Who Can Be Liable in an Austin Construction Accident
The general contractor — responsible for overall site safety under OSHA regulations
Subcontractors — whose employees or equipment caused the injury
Property owners — who maintained control over the premises and safety conditions
Equipment manufacturers — defective cranes, scaffolding, power tools, and safety gear
Engineers and architects — negligent design leading to structural failures or unsafe conditions
Your employer (if non-subscriber) — direct civil liability without workers' comp as a shield
Frequently Asked Questions
Can I sue my employer for a construction accident in Austin?▾
If your employer subscribes to workers' comp, you generally cannot sue them — workers' comp is the exclusive remedy. However, if they are a Texas non-subscriber, you can sue for full damages including pain and suffering.
What is a third-party construction accident lawsuit?▾
Even if workers' comp covers your injury, you can sue third parties (subcontractors, equipment manufacturers, property owners) whose negligence caused or contributed to the accident. This is separate from and in addition to workers' comp benefits.
What OSHA violations are most common in Austin construction accidents?▾
Fall protection violations, scaffold safety violations, electrical safety violations, and struck-by-object hazards are the most frequently cited OSHA violations in Travis County construction accidents.
How long do I have to file a construction accident lawsuit in Texas?▾
Workers' comp claims must be reported within 30 days and filed within 1 year. Third-party personal injury lawsuits have a 2-year deadline. Contact an attorney immediately to protect all available claims.
Can an undocumented worker file a construction accident claim in Texas?▾
Yes. Immigration status does not affect the right to workers' compensation benefits or the right to bring a third-party lawsuit for construction injuries in Texas.
What if the construction accident was partly my fault?▾
Texas modified comparative fault allows recovery as long as you were less than 51% at fault. Your recovery is reduced by your percentage of fault, but not eliminated.