Construction is booming across Central Texas. New apartment towers, highway expansions, mixed-use developments, and commercial projects dot the landscape from Round Rock down to Buda. With that growth comes real danger. According to the Bureau of Labor Statistics, the construction industry consistently records one of the highest rates of fatal occupational injuries of any sector in the United States. If you were hurt on a job site in Austin, you are likely asking a very practical question: can I sue my employer?

The short answer is: it depends on your situation, and the rules in Texas are different from most other states. At Kelley Wolff Injury Attorneys | Austin Accident Lawyers, we work with injured construction workers across Austin and throughout Texas, and these cases require careful legal analysis before you know which claims are available to you. This guide walks through what you actually need to know in 2026.

Written by Travis S. Kelley. Read more about the author.

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Does Texas Workers’ Compensation Cover Construction Workers, and Can You Still Sue?

Texas is the only state in the country that does not require most private employers to carry workers’ compensation insurance. That single fact shapes every construction accident case here.

If your employer is a “subscriber” — meaning they carry workers’ comp — you generally cannot sue them directly in civil court for a workplace injury. Workers’ comp becomes your exclusive remedy against that employer. You can collect medical benefits and partial wage replacement, but you give up the right to sue for pain and suffering or full lost wages.

However, if your employer is a “non-subscriber” — meaning they opted out of the workers’ comp system — you can sue them in civil court. Texas law actually makes this easier than a standard negligence case. Under Texas Labor Code Section 406.033, a non-subscribing employer cannot use common defenses like contributory negligence or assumption of the risk against you. That is a significant advantage.

Before you assume your employer is a subscriber, verify it. The Texas Department of Insurance maintains a searchable database of covered employers. Many smaller subcontractors on Austin job sites skip coverage entirely, which means more workers than you might expect have a direct lawsuit available against their employer.

Even if your employer carries workers’ comp, that is not the end of the story. Construction sites involve multiple parties — general contractors, subcontractors, property owners, equipment manufacturers, and more. You may have strong claims against third parties who contributed to your injury, regardless of what your employer’s coverage looks like.

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What Are the Most Common Causes of Serious Construction Accidents in Austin?

The CDC and OSHA have long identified what the industry calls the “Fatal Four” — falls, being struck by objects, electrocution, and caught-in or caught-between hazards. These four categories account for roughly 60 percent of construction worker deaths nationally, and they show up consistently in Austin-area claims we see at our firm.

Falls are the single largest cause. They happen from scaffolding, rooftops, ladders, and elevated platforms. When a general contractor fails to install proper fall protection, that is not just an OSHA violation — it is the kind of negligence that supports a civil lawsuit.

Struck-by incidents are common on busy multi-trade job sites. A crane swings a load over workers below, a truck backs up without a spotter, or unsecured materials fall from upper floors. These situations often involve operator error or equipment failures that point directly to third-party liability.

Electrocution injuries happen when overhead power lines are not properly de-energized or when temporary wiring on the site is improperly installed. Burns, nerve damage, and cardiac arrhythmias from electrical injuries can be permanent.

Caught-in and caught-between injuries involve trenches that collapse without proper shoring, machinery that pulls workers in, or structural collapses. Trench collapses in particular kill workers fast — OSHA requires protective systems for trenches deeper than five feet, but violations are common.

If any of these scenarios describe what happened to you, the cause matters enormously for your legal claim. Our team investigates job site conditions, pulls OSHA inspection records, and reviews contractor safety plans to build the clearest picture possible of what went wrong.

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Who Can Be Held Liable for a Construction Site Injury Beyond Just Your Employer?

Construction accident claims are rarely limited to one defendant. A typical Austin commercial job site has a general contractor, multiple subcontractors, equipment rental companies, material suppliers, and potentially a property owner — all with different levels of responsibility for site safety.

General contractors typically hold the most responsibility for overall site safety. If a general contractor knows about a hazardous condition and fails to address it, they can face liability even if one of their subcontractors’ employees was hurt.

Property owners can be liable when they have control over the site or knew about dangerous conditions they did not disclose or correct. Texas recognizes premises liability claims against property owners in certain circumstances, even on active construction sites.

Equipment manufacturers face strict product liability claims when defective machinery causes an injury. A crane with a faulty cable, a defective safety harness, or a power tool with a design flaw can all support a products liability claim entirely separate from anything related to your employer.

Architects and engineers can be liable when a structural design is dangerously flawed and they knew or should have known workers would be exposed to that risk during construction.

Identifying all responsible parties is one of the most important things a construction accident attorney does early in a case. Missing a liable party can mean leaving significant compensation on the table, and Texas’s statute of limitations — generally two years from the date of injury — means there is a real deadline attached to this work. FindLaw offers a general overview of Texas personal injury statutes if you want to read the baseline rules.

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What Compensation Can a Construction Worker Actually Recover in Texas?

If you have a viable civil claim — whether against a non-subscribing employer, a general contractor, a property owner, or an equipment manufacturer — Texas law allows you to seek several categories of damages.

Economic damages cover the direct financial losses: past and future medical expenses, lost wages from time you missed work, and diminished earning capacity if your injuries prevent you from returning to your previous trade or working at the same level. Serious construction injuries — spinal cord damage, traumatic brain injuries, amputations, severe burns — generate enormous lifetime medical costs, and those future costs need to be calculated with expert testimony.

Non-economic damages cover pain and suffering, physical impairment, disfigurement, and loss of enjoyment of life. These are harder to quantify but often represent the largest component of a verdict in catastrophic injury cases.

Wrongful death damages apply when a construction worker is killed. The surviving spouse, children, and parents of the deceased may bring a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71. Recoverable damages include loss of financial support, loss of companionship, and mental anguish suffered by surviving family members.

Texas does not cap economic or non-economic damages in personal injury cases outside of medical malpractice claims, which is an important distinction. However, punitive damages — available in cases involving gross negligence or malicious conduct — are capped under Texas Civil Practice and Remedies Code Section 41.008.

The Cornell Law School Legal Information Institute has solid reference material on the structure of tort damages if you want to understand the legal framework in more depth.

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How Do You Actually Start a Construction Accident Claim in Austin?

The steps you take in the days and weeks after a construction injury directly affect your case. Here is what matters most.

Get medical attention immediately. This is about your health first, but it also creates a medical record that documents your injuries close in time to the accident. Gaps in medical treatment are used by defense attorneys to argue that injuries are not serious or were caused by something else. The Mayo Clinic and Johns Hopkins Medicine both emphasize that delayed evaluation of head trauma and spinal injuries can lead to worse outcomes — another reason not to wait.

Report the accident to your employer. Texas requires notice in most workers’ comp situations. Even in civil cases, documenting that the employer knew about the incident matters.

Preserve evidence. Photos of the scene, your injuries, defective equipment, and missing safety measures are critical. If witnesses were present, get their contact information. Do not allow the job site to be cleaned up or altered without documentation if you can help it.

Do not give recorded statements to insurance adjusters. Insurance companies for general contractors and property owners will contact you quickly. Their goal is to minimize your claim. Speak with an attorney before you say anything on record.

Contact a construction accident attorney. Texas’s two-year statute of limitations sounds like a long time, but building a strong construction accident case takes time — accident reconstruction, expert witnesses, OSHA record requests, and corporate document production all require significant lead time.

If you were hurt in Austin or anywhere in Central Texas, Kelley Wolff Injury Attorneys | Austin Accident Lawyers handles construction accident claims on a contingency fee basis. You pay nothing unless we recover for you. Our firm also handles related Austin workplace accident claims and broader personal injury cases throughout Texas.

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Take the Next Step

A construction site injury can change your life in ways that go far beyond the immediate pain. Lost income, permanent disability, mounting medical debt, and the inability to do the work you know — these are real consequences that deserve serious legal attention.

The American Bar Association recommends consulting with a qualified attorney before taking any action on a personal injury claim, particularly in cases involving multiple parties and significant injuries. That advice is especially sound in construction cases, where liability often runs through several companies and the evidence needs to be secured quickly.

Kelley Wolff Injury Attorneys | Austin Accident Lawyers is ready to review your case at no cost and no obligation. Call us today at (512)-470-6068, contact us online, or visit our Austin office at 17800 Hamilton Pool Rd Ste. 203, Austin, TX 78738, United States.

We serve clients across Austin and throughout Texas. If you have questions about your rights after a construction injury, talk to us before you talk to anyone else.