Legal Options After a Construction Injury in Austin, TX

Construction sites are easily one of the most hazardous kinds of workplaces there is. Hard hats, safety vests, warning signs everywhere… and yet accidents still happen, often to the people least expecting them. A passerby walking past a job site, a worker who has done the same task a hundred times, a contractor on their first day.

No one is off limits.

In August 2025, a contractor died after a mobile crane tipped over at a construction site in northwest Austin, trapping the operator inside. Emergency crews responded within minutes, but the worker was pronounced dead at the scene. It is the kind of accident that can happen without warning, and it leaves families and coworkers with no clear answers about what to do next.

The legal path forward after a construction site injury is rarely straightforward. Multiple parties are often involved, and more than one type of claim may be available to you depending on your situation.

In this article, we’ll break down your legal options after a construction site injury, the deadlines that apply, and what steps protect your ability to recover what you are owed.

What Are Your Legal Options After a Construction Site Injury?

After a construction site injury, you generally have three legal paths available:

A workers’ compensation claim
A negligence lawsuit against a non-subscriber employer
Or a third-party personal injury claim

The right option depends on who employed you, what coverage they carry, and what caused your injury.

In some cases, more than one path is available at the same time. A worker who receives workers’ compensation benefits may still be able to file a separate claim against a negligent contractor or equipment manufacturer. Knowing which routes apply to your situation is the starting point for protecting your rights.

Can You File a Workers’ Compensation Claim After a Construction Injury?

Yes, if your employer carries workers’ compensation insurance. Workers’ compensation covers your medical expenses and a portion of your lost wages, and it does so regardless of who was at fault for the accident.

Texas is unusual among states because it does not require most private employers to carry workers’ compensation insurance. Many do, but not all. If your employer has coverage, you can file a claim without needing to prove negligence, but the trade-off is that your benefits are capped and you generally cannot sue your employer separately.

You must report your injury to your employer within 30 days and file your claim with the Texas Division of Workers’ Compensation within one year of the injury. Missing either deadline can eliminate your access to benefits.

What If Your Employer Does Not Carry Workers’ Compensation Insurance?

If your employer has opted out of the workers’ compensation system, they are referred to as a non-subscriber. In that case, you have the right to file a direct negligence lawsuit against them.

Non-subscriber claims can be more valuable than workers’ compensation benefits because they allow you to recover a broader range of damages. Importantly, non-subscriber employers lose several legal defenses that would otherwise be available to them, which can make it easier to establish liability.

These cases still require building a solid factual record, so acting quickly and preserving evidence matters just as much here as in any other claim.

Can You Sue a Third Party for a Construction Site Injury?

Yes. When a party other than your direct employer contributed to your injury, a third-party personal injury claim may be available alongside any workers’ compensation benefits you are receiving.

Construction sites typically involve multiple contractors, subcontractors, equipment suppliers, and property owners, all of whom have their own legal obligations. If a subcontractor created an unsafe condition, if a property owner failed to address a known hazard, or if a general contractor ignored safety violations, they may be held liable for your injuries even if they did not employ you directly.

Third-party claims can be filed independently of your workers’ compensation case and allow you to recover damages that workers’ comp does not provide, including full compensation for pain and suffering.

What If Faulty Equipment or Tools Caused Your Injury?

If defective equipment contributed to your injury, you may have a product liability claim against the manufacturer, distributor, or supplier of that product. This is a separate legal avenue that does not require proving employer negligence.

There are two main types of product defects that can support a claim:

Design defects, where the product’s blueprint created an unreasonable danger for anyone who used it as intended
Manufacturing defects, where something went wrong during production, that made a specific unit unsafe

Both can form the basis of a product liability claim. These cases require technical investigation, so preserving the defective equipment and documenting how the injury occurred is critical from the start.

What Deadlines Apply to Construction Injury Claims in Texas?

Missing a deadline in a construction injury case can cost you the right to pursue compensation entirely. The key deadlines in Texas are:

30 days to report your injury to your employer, which is required to access workers’ compensation benefits
1 year from the date of injury to file a workers’ compensation claim with the Texas Division of Workers’ Compensation
2 years from the date of injury to file a personal injury lawsuit, including third-party claims and non-subscriber employer claims

These timelines run simultaneously, not sequentially. If you are considering multiple legal paths, all of their deadlines are active from the moment the injury occurs. Waiting to see how your workers’ comp claim resolves before exploring other options can close doors you cannot reopen.

What Compensation Can You Recover After a Construction Site Injury?

The damages available to you depend on which legal path applies and the severity of your injuries. Across the different claim types, recoverable compensation may include:

Medical expenses, both current and future, including surgery, rehabilitation, and ongoing specialist care
Lost wages from the time you were unable to work during recovery
Reduced earning capacity if your injuries affect your ability to work at the same level long-term
Pain and suffering in personal injury and non-subscriber claims, which workers’ compensation does not cover
Additional damages, depending on the facts of your case, such as compensation for permanent disability or scarring

Third-party claims and non-subscriber lawsuits generally allow for broader recovery than workers’ compensation alone. Understanding which claims apply to your situation determines the ceiling on what you can recover.

When Should You Contact a Lawyer After a Construction Site Injury?

Contact a lawyer as soon as possible after a construction site injury, particularly if your injuries are serious, your employer disputes your claim, or multiple parties may be responsible for what happened.

An attorney can evaluate all of the legal options available to you, identify every potentially liable party, and determine which claims should be pursued simultaneously. They can also gather and preserve evidence before it disappears, handle communications with insurers, and ensure that your deadlines are met across every active claim.

You do not have to figure out which of your legal options is best on your own. That is exactly the kind of analysis an experienced construction accident attorney can provide.

Your Next Step Starts Here

A construction site injury can leave you managing pain, lost income, and a legal process you did not ask for, all at the same time. You should not have to navigate that alone.

At Zinda Law Group, our attorneys handle construction accident cases and understand how to build claims across multiple legal paths, whether that means workers’ compensation, a third-party lawsuit, or both. You pay nothing unless we win your case.

Our Austin office is located at 7801 N Capital of Texas Hwy, Suite 300, and we are available 24 hours a day. Call us at (512) 601-4349 or contact our Austin construction accident lawyers today for a free case review.