If you’ve been hurt on a construction site in North Texas, your first instinct may be to file a workers’ compensation claim and move on. But depending on the circumstances of your accident, workers’ comp might only be the beginning or it might not even apply to you at all. Here’s what injured construction workers in the Dallas–Fort Worth area need to understand before settling for less than they deserve.
Texas Construction Work Is Dangerous — The Numbers Prove It
Construction remains one of the most hazardous industries in the country, and Texas consistently leads the nation in construction-related deaths. According to the Texas Department of Insurance’s 2024 fatality report, construction accounted for 23% of all private sector workplace fatalities in Texas that year with 128 workers killed. Specialty trade contractors alone accounted for the largest share of those deaths.
Nationally, the picture is just as alarming. The Bureau of Labor Statistics reports that falls, struck-by incidents, electrocutions, and caught-in/between accidents — OSHA’s so-called “Fatal Four” — account for the vast majority of construction fatalities. Falls alone make up nearly 40% of all construction deaths.
North Texas is in the middle of one of the largest construction booms in the country. With major highway projects, commercial developments, and residential expansion across Tarrant and Dallas counties, the risk to workers here is real and growing every year.
What Workers’ Compensation Actually Covers (And What It Doesn’t)
Workers’ compensation was designed to provide a quick, no-fault safety net: medical treatment and a portion of your lost wages while you recover. If your employer carries The State of Texas workers’ comp and you’re classified as an employee, you can typically access those benefits without proving anyone was negligent.
The trade-off, however, is significant. Workers’ comp does not compensate you for:
- Pain and suffering
- Mental anguish
- Disfigurement
- Full lost earning capacity
- Punitive damages
In serious construction accidents — broken bones, traumatic brain injuries, spinal damage, amputations — these uncovered losses can be enormous. A workers’ comp settlement under the Texas Workers Compensation plan usually, but not always, may close your case while leaving you with years of financial hardship ahead.
Texas Is the Only State Where Your Employer May Not Have Workers’ Comp at All
Here’s something most injured workers don’t know: Texas is the only state in the country that does not require private employers to carry workers’ compensation insurance. Employers who opt out are called “non-subscribers,” and approximately 25% of Texas employers fall into this category — generating nearly 75,000 non-subscriber claims every year.
If your construction employer is a non-subscriber, you cannot file a workers’ comp claim. But that’s isn’t bad news. Non-subscriber employers lose critical legal defenses, meaning you can sue them directly for negligence and pursue the full range of damages available under Texas law — including pain and suffering, mental anguish, disfigurement, and more.
Many large construction contractors in North Texas operate as non-subscribers. Before you assume you’re limited to workers’ comp, it’s worth finding out your employer’s status.
When a Third-Party Claim Can Dramatically Increase Your Recovery
Even if your employer does carry workers’ comp under the State of Texas plan, that may not be your only path to compensation. Construction sites involve many parties: general contractors, subcontractors, equipment manufacturers, material suppliers, property owners, engineers, and more. If any of these third parties contributed to your accident through their own negligence, you may be able to file a separate third-party liability claim alongside your workers’ comp case.
Common scenarios where third-party claims arise on North Texas construction sites include:
- Defective equipment or tools — a manufacturer may be liable if faulty machinery caused your injury
- Negligent subcontractors — another company’s crew creates a hazard that injures you
- Property owner negligence — unsafe site conditions the owner knew about and failed to correct
- Struck-by vehicle accidents — a driver crashes into a work zone, injuring workers
A successful third-party claim can recover compensation for damages that workers’ comp leaves on the table entirely. In many cases, pursuing both simultaneously is the right strategy but it requires careful coordination and knowledge of strict Texas deadlines.
Don’t Accept Less Than Your Claim Is Worth
At O’Hare and Koch Law Firm, we represent injured construction workers throughout North Texas — in Dallas, Carrollton, Fort Worth, Arlington, Grand Prairie, Denton, and across the DFW Metroplex. We understand how to evaluate every angle of a construction accident: whether your employer is a subscriber or non-subscriber, whether third parties share liability, and how to build a case that reflects the true cost of your injuries.
Workers’ comp may be part of the picture. But for many of our clients, it’s only the start.
If you or a loved one has been injured on a construction site, contact O’Hare and Koch Law Firm today for a free consultation. You pay nothing unless we recover for you.
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