Hurt on a construction site: workers' comp, third-party claims and who really pays

What should I do right after a construction accident?

1. Get medical care and say it happened at work. Do not let anyone talk you out of going.
2. Report the injury to a supervisor and write down when and to whom. Texas gives you 30 days, but do it today.
3. Photograph the spot, the scaffold or ladder, the guardrails, the harness and any machine, including serial numbers and company names on equipment.
4. Write down every company on site, not just your own: general contractor, subcontractors, equipment rental and delivery drivers.
5. Get names and numbers of coworkers who saw it. People move to other jobs fast.
6. File your workers' comp claim. Texas and Arizona each set 1 year for filing.
7. Do not sign a release, benefit election or statement until someone independent has read it.

Can I sue if I already get workers' comp?

You usually cannot sue your own employer if it has comp coverage. Comp is the exclusive remedy in Texas and in Arizona. But comp does not protect everyone else on the job. Texas lets you claim comp and also seek damages from a third party.

Arizona allows the same when someone not in the same employ caused your injury. Comp pays limited wage and medical benefits and nothing for pain. A third-party claim can include pain, full lost pay and future care.

What causes most construction deaths and injuries?

OSHA names four top causes of construction deaths: falls, being struck by something, being caught in or between things, and electrocution. Falls lead the list, with 389 fatal falls among 1,034 construction deaths in 2024.

Workers on an unprotected edge 6 feet or more above a lower level must have guardrails, nets or personal fall arrest systems. Fall protection was the most cited federal OSHA standard in fiscal 2024. A violation can help show what should have been done, even though OSHA does not decide your injury claim.

What if my Texas employer doesn't have workers' comp?

In Texas, most private employers can choose not to carry comp. Those employers are called non-subscribers. To check, email the state agency with the employer's name, address and date of injury, and a representative should answer within one business day.

Being a non-subscriber has a cost for the employer. If you sue, it cannot defend by saying you were careless, that you assumed the risk, or that a coworker caused it. You must still prove the employer was negligent. Watch for a company injury plan with a signing bonus or a release.

A waiver of your right to sue after an injury has strict conditions, including that it cannot be signed before the 10th business day after you report the injury. On public construction projects, contractors must certify in writing that they have comp for their workers.

What Texas rules make construction injury lawsuits harder?

Chapter 95 protects Texas property owners. To reach an owner for an injury to a contractor's worker on an improvement to the property, you generally must show the owner kept some control over how the work was done and had actual knowledge of the danger and failed to adequately warn. That is hard to prove and it comes up early. Get a lawyer's view before spending time on an owner claim.

Also watch the general contractor. A general contractor can agree in writing to provide comp coverage to a subcontractor and its workers. When that happens, it may claim the same protection from suit that your employer has. Ask for the contract and any wrap-up insurance plan early.

If you win or settle a third-party claim in Texas, the net money first repays the comp carrier for benefits it paid. Example only: if the carrier paid $40,000 and your net recovery is $150,000, the first $40,000 would generally go back to the carrier. Ask how that affects you before settling.

What are the Arizona rules for construction accident claims?

Arizona has a one-year trap that general guides rarely mention. If you do not file against a third party within 1 year after the claim accrues, the claim is deemed assigned to the comp insurer. The insurer may then control it. That one year is shorter than Arizona's usual 2-year deadline. Comp benefits keep being paid while you pursue the other party.

Arizona's statutory employer rule can also block a suit. When a company keeps control over a contractor's work and the work is part of its regular business, the contractor's workers can count as that company's employees. That means some general contractors and owners may share your employer's protection. Safety on most private Arizona sites is overseen by ADOSH, the state agency, rather than federal OSHA.

How do I see the OSHA report for my accident?

1. Know the reporting rule. Employers must report a death within 8 hours, and a hospitalization, amputation or eye loss within 24 hours.
2. Search the employer's name on OSHA's Establishment Search. It shows inspections and citations. Arizona state cases can be searched there too, with limits.
3. For a death, check OSHA's fatality inspection data.
4. Call your area office. Texas has federal OSHA offices. In Arizona, contact ADOSH.
5. File a complaint yourself if nobody investigated. OSHA cannot issue violations for incidents more than six months old.
6. Ask a lawyer to request the full inspection file. Parts may be held back while a case is open.

What can a construction injury claim cover, and how long does it take?

Comp covers medical care and part of your lost pay. A third-party claim or a non-subscriber suit can also cover full lost pay, future earning loss, pain and suffering, and disfigurement.

Evidence is short-lived: site conditions change daily, tools go back to the rental yard, and safety logs stay with companies that may leave the job. A preservation letter early on helps. We cannot give you a typical settlement. Expect comp to start in weeks and a third-party case to take a year or more.

Can I be punished for reporting, or for my immigration status?

You have the right to a safe workplace regardless of your immigration status. If you are punished for reporting a safety problem or an injury, you can file a whistleblower complaint within 30 days. Do not assume you have no rights because you are paid in cash or called a subcontractor. The label on your paycheck does not settle whether you are an employee.

What mistakes hurt construction injury claims?

• Stopping at workers' comp and never asking who else was at fault.
• Writing down only your employer's name.
• Signing a Texas non-subscriber plan or release right after the injury.
• Missing Arizona's 1-year third-party deadline.
• Letting a supervisor report the accident in vague terms without your own written account.
• Accepting light duty that goes against your doctor's limits.

Questions