If you were hurt on a job site, one of the first questions to answer is whether your employer carries workers’ compensation insurance.
Texas allows most private employers to opt out of workers’ comp. Depending on your employer’s coverage and how the accident happened, you may have a workers’ comp claim, a negligence claim against your employer, or a claim against another company.
An El Paso construction accident lawyer at NMW Law Firm can help sort out those options. Many injured workers in El Paso never ask whether their employer carries coverage, assume they have no options, and wait until a deadline has passed.
If you're not sure whether your employer carries comp, or what that means for you, call NMW Law Firm's El Paso office at (915) 444-5025. A short conversation can usually answer that first question.
Who Handles Construction Injury Claims at NMW Law Firm?
NMW Law Firm's El Paso office works with injured tradespeople, laborers, and equipment operators from projects across the region, including freeway work, warehouses, hospitals, and new neighborhoods on the east and west sides.
- Trucking overlap. Dump trucks, delivery rigs, and heavy equipment move through the same sites, and commercial vehicle cases are the center of the firm's practice.
- Availability. The downtown office on North Kansas Street answers calls 24 hours a day, including after a late-shift injury.
- Experience. The firm's attorneys bring more than 70 years of combined experience with Texas injury law.
What Happens When Your Employer Is a Non-Subscriber?
Under the Texas Labor Code, workers' compensation coverage is optional for most private employers. Employers that decline coverage are called non-subscribers, and many smaller contractors and subcontractors in the El Paso area fall into that group.
A non-subscriber gives up a great deal in exchange. Section 406.033 bars it from arguing that you were contributorily negligent, that you assumed the risk of the job, or that a coworker's negligence caused your injury. Those are the arguments employers would otherwise use most often.
You still have to prove the employer was negligent. That might mean it failed to provide fall protection, rushed work without enough crew, skipped training, or ignored broken equipment. But once negligence is shown, the employer cannot reduce your recovery by pointing at your own mistakes.
The recovery is also broader than comp benefits. A negligence claim can include full lost wages, future earning capacity, medical costs, physical pain, and mental anguish, none of which are capped the way workers' comp benefits are.
Be Careful With Waivers and Company Injury Plans
Some non-subscribers offer their own injury benefit plans and ask workers to sign a waiver of the right to sue. Texas law voids waivers signed before an injury. A waiver signed afterward generally is enforceable only if it meets strict timing and medical-evaluation requirements under Section 406.033.
If a supervisor hands you paperwork to sign in the days after a job site injury, it is worth having it reviewed before you sign.
What If Your Employer Carries Workers' Comp?
Notice and Filing Requirements
When your employer is a subscriber, workers’ compensation is generally your only remedy against that employer.
Texas law requires you to notify your employer of the injury within 30 days and to file a claim with the Texas Department of Insurance, Division of Workers’ Compensation within one year.
Other Companies May Still Be Liable
Workers’ comp does not always prevent claims against other companies involved in the project. A company other than your employer may face a separate injury claim if its negligence contributed to the accident.
However, workers’ compensation arrangements on some projects can give a general contractor or another entity employer status and protection from a separate negligence lawsuit.
A Narrow Exception for Fatal Injuries
There is also a narrow exception for fatal injuries. If a worker dies because of the subscribing employer’s gross negligence or intentional act or omission, the surviving spouse or heirs of the body may be able to seek exemplary damages.
Past Case Results
Who Else Can Be Responsible on an El Paso Construction Site?
A third-party claim is a lawsuit against someone other than your direct employer. On a typical commercial or public project, several parties can share responsibility:
- General contractors that control the site schedule, safety program, and coordination between trades.
- Other subcontractors whose crews leave open holes, stack materials unsafely, or run equipment near your work area.
- Property owners and developers, although Texas limits their liability to a contractor's employees unless the owner controlled the work and knew of the danger.
- Equipment and tool manufacturers when a scaffold, lift, guard, or power tool failed because of a design or manufacturing defect.
- Staffing agencies that placed you on the site, depending on which company directed your work.
Property-owner claims deserve a closer look.
Under Chapter 95 of the Civil Practice and Remedies Code, an owner is generally not liable for injuries arising from a contractor's work on an improvement to real property unless the owner exercised or retained control and had actual knowledge of the danger.
That is a high bar, and it shapes which defendants are worth pursuing.
A third-party claim can run alongside a workers' comp claim. If you recover from a third party, the comp carrier usually has a right to be repaid from that recovery, which is one reason the claims need to be coordinated.
How Do OSHA Rules Factor Into a Construction Injury Case?
The Occupational Safety and Health Administration identifies four hazards behind most construction deaths, often called the Fatal Four:
- Falls from roofs, scaffolds, ladders, and open edges
- Being struck by falling objects, swinging loads, or moving equipment
- Being caught in or between equipment, materials, or collapsing trench walls
- Electrocution from power lines, energized equipment, or faulty wiring
OSHA regulations do not create a separate lawsuit, but they matter a great deal. When a contractor ignored an OSHA standard for fall protection, trenching, or scaffolding, that violation can be strong evidence the company failed to act with reasonable care.
Employers also have reporting duties under OSHA's reporting rule:
- A work-related fatality must be reported within 8 hours.
- An in-patient hospitalization, amputation, or loss of an eye must be reported within 24 hours.
An OSHA inspection file, including any citations, can become important evidence in your case.
What Construction Accidents Are Common in El Paso?
El Paso's construction work ranges from freeway and port-of-entry projects to warehouses, hospitals, and new neighborhoods on the east and west sides. The hazards follow the work.
Falls From Scaffolds, Roofs, and Ladders
Falls remain the leading cause of construction deaths nationally. Missing guardrails, unsecured ladders, and scaffolds built without proper planking or tie-ins are frequent causes. Scaffold cases often involve both the contractor that erected the scaffold and the company that supplied it.
Trench and Excavation Collapses
Utility and roadway projects put workers in trenches where soil can give way without warning. OSHA generally requires protective systems for trenches 5 feet deep or more, and missing shoring or sloping is a common thread in collapse cases.
Crane, Forklift, and Heavy Equipment Strikes
Workers on the ground can be hit by swinging loads, reversing equipment, or dropped materials. These cases often turn on who controlled the equipment, whether a spotter was assigned, and whether the operator was trained and certified.
Heat Illness
Summer work in the Chihuahuan Desert puts crews at real risk of heat exhaustion and heat stroke. Employers that skip water, shade, and rest breaks, or push new workers too hard before they acclimate, can be responsible when a worker collapses.
Electrical Contact
Contact with overhead power lines, energized equipment, or faulty temporary wiring can cause burns, cardiac injuries, and falls. Utility companies and electrical subcontractors may share responsibility along with the site contractor.
Hear From Our Clients
How Should You Document a Construction Injury?
Serious construction injuries, such as crushed hands, spinal fractures, burns, and brain injuries, often need months of specialized care.
More than 90 percent of NMW Law Firm’s clients reach the firm through physician referrals. In a construction injury claim, complete medical records can help document your injuries, treatment, work restrictions, and how the injury affects your ability to do your job.
Job sites change quickly. Scaffolds come down, trenches get filled, and equipment goes back into service. A few steps can help preserve important evidence:
- Photos of the area, the equipment involved, and your injuries
- Names and phone numbers of coworkers who saw what happened
- Copies of any incident report you signed or were given
- A written request that the contractors preserve inspection logs, daily reports, and safety meeting records
Discover how a single online post or casual check-in could inadvertently jeopardize your entire personal injury claim.
Does Immigration Status Affect Your Right to Bring a Claim?
Your Status Does Not Bar a Claim
Some injured workers in El Paso hesitate to call a lawyer because they worry about their immigration status. In Texas, immigration status generally does not prevent a person from bringing a personal injury claim for injuries caused by someone else's negligence.
What Stays Confidential
Status can come up in specific parts of a case, such as how future lost earnings are calculated, and those questions should be discussed privately with an attorney. What you share with a lawyer about your situation is protected by attorney-client privilege.
What Deadlines Apply to El Paso Construction Injury Claims?
Several deadlines can apply to the same construction injury:
- Injury lawsuits: generally two years from the injury under Section 16.003 of the Civil Practice and Remedies Code
- Wrongful death lawsuits: generally two years from the date of death
- Workers’ comp notice: generally 30 days to notify the employer and one year to file a workers’ comp claim
- Claims against government entities: notice may be required within six months or sooner, depending on the governmental unit and the circumstances
Missing one of these deadlines can affect your ability to recover compensation, so it is important to identify which time limits apply to your claim as early as possible.
FAQs for El Paso Construction Accident Claims
How do I find out if my employer has workers' comp in Texas?
You can ask your employer in writing, check for required workplace notices, or search the Texas Department of Insurance coverage records. Texas employers generally must tell employees whether they carry workers' compensation coverage. If you're unsure, an attorney can confirm coverage quickly.
Can I sue my employer for a construction injury in Texas?
You can usually sue your employer for a construction injury in Texas if the employer is a non-subscriber and its negligence caused the injury. If the employer carries workers' comp, comp benefits are generally your exclusive remedy against that employer, apart from narrow exceptions for fatal gross negligence.
What is a third-party claim after a construction accident?
A third-party claim is a lawsuit against a company other than your direct employer, such as a general contractor, another subcontractor, a property owner, or an equipment manufacturer. It can proceed even while you receive workers' comp benefits from your employer's carrier.
What if I was partly at fault for my construction accident?
If your employer is a non-subscriber, it generally cannot use your own negligence as a defense. In third-party claims, Texas proportionate responsibility applies, so your recovery can be reduced by your share of fault and barred if you are more than 50 percent responsible.
Do I need an OSHA report to bring a construction injury claim?
No. An OSHA report or citation is not required to bring a construction injury claim in Texas. When OSHA did investigate, the inspection file can be useful evidence, but many strong claims are built without one.
Before You Sign Anything From Your Employer
The days after a construction injury are when workers are most often asked to sign incident reports, benefit enrollment forms, or waivers. Those papers can decide which claims survive.
NMW Law Firm reviews them with you first, then looks at every company on the site that may share responsibility.
The El Paso office is at 221 N Kansas St., Suite 700, downtown, and the phone is answered around the clock at (915) 444-5025. Bring whatever paperwork you have. What your claim is worth depends on the facts, and nothing on this page guarantees a result.