Who is Liable For Construction Site Injuries?
Construction sites present serious risks to workers and remain some of the most dangerous workplaces in Texas.
When accidents occur, several parties may share liability.
Potentially Liable Parties
After a construction site injury, identifying the correct liable party is crucial to obtaining full compensation.
Employers
Texas employers must provide workers’ compensation or an alternative coverage plan. If they fail to maintain a safe workplace, they may be directly liable for injuries.
General Contractors
Contractors oversee the site and have a duty to ensure OSHA compliance. If unsafe practices or poor supervision cause harm, they can be held responsible.
Subcontractors
Subcontractors managing specific tasks may be liable for negligence in their work area.
Property Owners
Owners must ensure that hazardous conditions on the premises are addressed or clearly warned about. Failure to do so can create liability.
Manufacturers
If equipment or tools malfunction due to defects, the manufacturer can be liable under product liability laws.
Third-Party Companies
Independent safety inspectors, engineers, or delivery companies may also share fault if their negligence contributed to the accident.
Because multiple parties often operate on a construction site, liability may extend beyond just one entity.
Texas Law on Liability for Construction Accidents
The law influences Texas construction accident claims in two important ways:
Workers’ Compensation
If the employer provides workers’ compensation, injured employees generally cannot sue their employer. They can, however, pursue third-party claims against contractors, manufacturers, or property owners.
Nonsubscriber employers
Texas does not require all employers to carry workers’ compensation. If an employer opts out, employees may sue the company directly for negligence.
Comparative Fault Rule
Under Texas Civil Practice and Remedies Code §33.001, compensation is reduced if the injured worker shares responsibility for the accident. If the worker is more than 50 percent at fault, they cannot recover damages.
How Liability Is Determined
Liability for construction site injuries is determined by examining who had a legal duty to maintain safety and whether that duty was breached. The process typically involves:
- Investigating the accident: Reviewing OSHA reports, safety logs, witness statements, and photographs of the site.
- Identifying control and responsibility: Determining which party controlled the work area, provided equipment, or supervised the task that caused the injury.
- Analyzing contracts: Construction contracts often outline which party is responsible for safety and site conditions.
- Reviewing safety compliance: Checking whether the employer, contractor, or subcontractor followed OSHA and Texas safety regulations.
Courts and insurers use this evidence to decide who is legally responsible for paying damages.
Common Causes of Construction Site Injuries
Accidents on construction sites often occur due to negligence, unsafe practices, or violations of safety regulations. The most frequent causes include:
- Falls: Scaffolding and ladder falls remain the leading cause of construction injuries.
- Falling objects: Tools, equipment, or materials striking workers.
- Equipment accidents: Cranes, forklifts, and heavy machinery malfunctions or improper use.
- Electrocution: Contact with power lines or faulty wiring.
- Exposure to hazardous substances: Chemicals, asbestos, or toxic dust.
The Occupational Safety and Health Administration (OSHA) enforces safety standards, but violations are still common.
For help with a construction injury claim, contact our firm today.