Construction Accidents in Texas: OSHA Rules, Liability and What to Do After

Construction remains one of the deadliest industries in Texas. Texas does not require private employers to carry workers compensation, but many general contractors require it by contract. When a construction worker is injured, Texas law may allow both a workers comp claim and a third-party claim against a general contractor, subcontractor, or equipment manufacturer whose negligence contributed.

OSHA Fall Protection in Texas

OSHA 29 CFR 1926 Subpart M requires fall protection at six feet in construction. Texas courts consider OSHA regulations as evidence of the standard of care, though not automatic negligence per se. Evidence includes safety training records, toolbox talks, harness inspection logs, and site safety plans. Photos of missing guardrails or unprotected edges are important.

Third-Party Claims Beyond Workers Comp

If you work for a subcontractor and a general contractor's employee created the hazard, Texas Labor Code may allow a third-party claim against the general contractor if it retained control over safety. Similarly, if scaffolding collapsed due to a defect, you may have a product liability claim against the manufacturer. These are separate from workers comp and have different damages, including pain and suffering which workers comp does not pay in Texas.

What to Preserve After a Texas Construction Accident

Get the OSHA 300 log, incident report, safety manual, equipment maintenance records, and witness statements. Texas has a two-year statute under §16.003, but if a governmental entity owns the project, notice under §101.101 within six months is required. Do not sign a waiver from a contractor without understanding its scope.

Frequently Asked Questions

Does Texas require workers comp for construction?

Texas is the only state that does not require private employers to carry workers comp, but many construction contracts require it. If your employer does not have workers comp, you can sue them directly for negligence under Texas common law, and they lose certain defenses.

Can I sue the general contractor if I work for a subcontractor?

Possibly, if the general contractor retained control over the manner and means of safety or created the dangerous condition. Texas courts analyze control under Chapter 95 and common law retained control doctrine.