Construction Site Injuries in Texas
Whether an injured construction worker in Texas can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Texas has a statute limiting a property owner's liability to contractors and their employees hurt while building, repairing or renovating an improvement: the owner is not liable, including for failing to provide a safe workplace, unless it exercised or kept some control over how the work… Tex. Civ. Prac. & Rem. Code §§ 95.002, 95.003; Tex. Lab. Code §§ 408.001(a), 417.001(a)
| Construction site injuries | Texas has a statute limiting a property owner's liability to contractors and their employees hurt while building, repairing or renovating an improvement: the owner is not liable, including for failing to provide a safe workplace, unless it exercised or kept some control over how the work was done (beyond starting or stopping work or inspecting) and had actual knowledge of the danger and failed to adequately warn. For an employer covered by workers' comp, workers' comp benefits are the injured worker's exclusive remedy against the employer, and the worker may also seek damages from a liable third party. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility. |
| Deadline to sue for an injury | Two years after the day the cause of action accrues. |
More Texas personal injury & wrongful death
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- Wrongful Death Lawsuits in Texas
- Medical Malpractice Rules in Texas
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- Dog Bite Liability in Texas
- Slip, Trip and Fall Injuries in Texas
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- Motorcycle Accident Claims in Texas
- Pedestrian Accident Claims in Texas
- Bicycle Accident Claims in Texas
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- All Texas personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Texas?
Texas has a statute limiting a property owner's liability to contractors and their employees hurt while building, repairing or renovating an improvement: the owner is not liable, including for failing to provide a safe workplace, unless it exercised or kept some control over how the work was done (beyond starting or stopping work or inspecting) and had actual knowledge of the danger and failed to adequately warn. For an employer covered by workers' comp, workers' comp benefits are the injured worker's exclusive remedy against the employer, and the worker may also seek damages from a liable third party.
Can you recover damages if you were partly at fault in Texas?
Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility.
What is the statute of limitations for personal injury in Texas?
Two years after the day the cause of action accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.