Workplace and Construction Accidents in Texas: Non-Subscriber and Third-Party Liability Claims

Workplace and construction accidents are unfortunately common in Texas, particularly in more dangerous industries such as construction, oil and gas, shipping, and manufacturing. These jobs require workers to handle heavy equipment, work at significant heights, or navigate hazardous environments where the risk of injury is high. When an accident occurs, the physical, financial, and emotional toll can be overwhelming for the injured worker and their family.

Texas has a unique legal system when it comes to workplace injuries. Unlike most other states, Texas does not require all employers to subscribe to the state’s workers’ compensation system. As a result, two important legal avenues exist for employees injured on the job apart from workers’ comp: claims against non-subscriber employers and third-party liability claims. Understanding these options can make a critical difference in securing fair compensation after a workplace or construction accident.

If you’ve been hurt on the job and your injury requires financial support over and above the limited benefits workers’ compensation provides, contact McLemore, Reddell, & Story, P.L.L.C., to speak with our team of Houston personal injury attorneys and find out how we can help you maximize your compensation after a workplace or construction accident in Texas.

The Reality of Workplace and Construction Accidents in Texas

According to the U.S. Bureau of Labor Statistics, Texas consistently ranks among the states with the highest number of workplace injuries and fatalities, especially in the construction industry. Common causes of accidents include:

• Falls from scaffolding, ladders, and elevated work surfaces
• Struck-by accidents involving cranes, forklifts, or falling materials
• Electrocutions from exposed wires and faulty equipment
• Caught-in or caught-between incidents with heavy machinery
• Explosions, chemical spills, and fires in industrial or oilfield settings

These accidents can cause severe injuries such as broken bones, spinal cord injuries, traumatic brain injuries, burns, amputations, and, in the most tragic cases, wrongful death. Recovery often involves long-term medical care, rehabilitation, and lost income, making it critical for injured workers to understand their rights to compensation.

Liability of Non-Subscriber Employers

Texas is the only state that does not require private employers to carry workers’ compensation insurance. Employers who choose not to subscribe are known as non-subscribers, and their employees are left without the typical no-fault benefits of the workers’ compensation system. Instead, injured workers must pursue a personal injury lawsuit directly against the employer to recover damages.

To succeed in a non-subscriber case, the injured worker must prove that the employer’s negligence caused the injury. Common examples of employer negligence include:

• Failure to provide safety equipment such as harnesses, helmets, or protective eyewear

• Inadequate training for employees operating dangerous machinery or handling hazardous materials

• Lack of proper supervision on construction sites

• Failure to enforce OSHA regulations or other safety standards

• Unsafe work environments, such as poorly maintained equipment or unguarded openings

While proving negligence may seem challenging, non-subscriber cases have an important advantage for workers: Texas law significantly restricts the defenses available to non-subscriber employers. For instance, they cannot argue that the employee assumed the risk of injury or that another employee’s negligence caused the accident. They also cannot escape liability by claiming the injured worker was more than 50% responsible for their own injuries, which can otherwise defeat an accident victim’s claim under Texas comparative fault rules.

These defenses are commonly available in other personal injury claims but are forbidden to employers as a consequence of their refusal to provide workers’ comp coverage. This legal framework often strengthens an employee’s case and increases the potential for full compensation.

Unlike workers’ compensation, which limits benefits to medical care and partial wage replacement, a successful non-subscriber claim can provide broader recovery, including not just past and future medical expenses but also the full amount of lost wages and loss of future earning capacity. In addition, a negligence claim can include compensation for non-economic damages such as pain and suffering, mental anguish, and physical impairment or disfigurement. For many workers, these damages make a meaningful difference in recovering financially and rebuilding their lives after a devastating accident.

Third-Party Liability Claims

Even when an employer carries workers’ compensation insurance, injured workers are not necessarily limited to only those benefits. In some situations, a third party (someone other than the employer or a co-worker) may be legally responsible for the accident. This opens the door to a third-party liability claim in addition to workers’ compensation benefits.

Construction sites and industrial workplaces often involve multiple companies working together, which increases the likelihood that a third party may share responsibility for an accident or injury. Common examples include:

• Subcontractors: If a subcontractor’s negligence leads to an accident, such as a crane collapse or scaffolding failure, they may be held liable.

• Equipment and Product Manufacturers: Defective tools, safety equipment, or heavy machinery can cause catastrophic injuries. Manufacturers and distributors of defective products may be responsible.

• Property Owners: If unsafe premises conditions contribute to an accident, such as unmarked hazards or unsafe electrical systems, owners of property where work is being performed can be held accountable. This does not include property hazards that a construction company is hired to fix or that are created in the course of the project.

• Negligent Drivers: For workers injured in transportation-related accidents, such as delivery drivers or construction crews working roadside, a negligent motorist may be liable.

While workers’ compensation provides important benefits, it has significant limitations, especially when it comes to wage loss and pain and suffering. Like a lawsuit against a non-subscribing employer, a third-party lawsuit allows workers to seek additional compensation for full lost wages (not just partial replacement), pain and suffering, emotional distress, loss of future earning capacity, long-term rehabilitation needs, and other legal damages. This broader scope of recovery can help bridge the gap left by workers’ compensation and ensure workers and their families are financially secure.

The Complexity of Workplace Injury Claims in Texas

Non-subscriber and third-party liability claims require careful legal and factual analysis. These cases often involve complex issues or tasks such as:

• Reviewing contracts between employers, contractors, and property owners to determine responsibilities
• Gathering evidence of safety violations, OSHA reports, or maintenance records
• Working with medical experts to document the extent of the injuries
• Consulting with industry experts to analyze equipment failures or unsafe job practices

Because these cases often involve powerful companies and insurers, it is critical to have experienced legal representation to build a strong claim and push back against aggressive defense strategies.

Why Choose McLemore, Reddell, & Story, P.L.L.C.?

At McLemore, Reddell, & Story, P.L.L.C., we understand how distressing it can be to face medical bills and lost income after a workplace or construction accident. Our attorneys have extensive experience handling complex injury claims across Texas, including both non-subscriber lawsuits and third-party liability cases.

We are committed to conducting thorough investigations into the cause of your accident and identifying all potential sources of liability, pursuing maximum compensation for your injuries and losses. Our team has the skill and determination to stand up to employers, contractors, and insurance companies who try to avoid responsibility. We know the devastating impact workplace injuries can have on your family and your future. That’s why we fight tirelessly to secure the compensation you need to heal and move forward.

Contact McLemore, Reddell, & Story, P.L.L.C. Today

If you have been injured in a workplace or construction accident in Texas, it’s important to understand all of your options for compensation. Depending on your situation, you may have the right to bring a claim against a non-subscriber employer, pursue a third-party liability lawsuit, or both.

Contact our Houston office today for a free consultation. Our legal team will review your case, explain your rights, and guide you through the process of securing the recovery you deserve.