Texas Construction Employer Negligence: Proving Fault in Injury Cases
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Why Employer Negligence Matters in Texas Construction Injury Claims
Construction sites are some of the most hazardous workplaces in Texas. When employers cut corners on safety, fail to train workers, or ignore OSHA standards, serious injuries are often the result. Unlike many states, Texas allows employers to opt out of workers’ compensation, which means injured workers may have the right to sue their employer directly for negligence.
At MLF Legal, we help injured construction workers prove employer fault and pursue full compensation under Texas law.
What Is Employer Negligence in Texas Construction?
The Legal Definition
Employer negligence occurs when a company fails to use reasonable care to keep workers safe. This includes failing to:
- Provide proper safety equipment
- Train workers on hazards
- Maintain equipment
- Follow OSHA regulations
- Supervise job sites
- Enforce safety protocols
Why It Matters
If your employer is a nonsubscriber (does not carry workers’ comp), proving negligence allows you to recover full damages—including pain and suffering.
Common Examples of Employer Negligence on Texas Construction Sites
Failure to Provide Safety Equipment
Missing harnesses, hard hats, gloves, or respiratory protection are common violations.
Inadequate Training
Workers must be trained on fall protection, equipment operation, trench safety, and electrical hazards.
Unsafe Work Conditions
Examples include:
- Unsecured scaffolding
- Exposed wiring
- Unshored trenches
- Poor housekeeping leading to slip hazards
Negligent Hiring or Supervision
Employers may be liable for hiring unqualified workers or failing to supervise subcontractors.
FAQ's Most Frequent Construction Violations
Employer negligence occurs when a company fails to provide a safe workplace, proper training, or required safety equipment, leading to worker injuries.
Yes—if your employer is a nonsubscriber and does not carry workers’ comp, you may sue them directly for negligence.
You may recover medical bills, lost wages, pain and suffering, mental anguish, and punitive damages in cases of gross negligence.
Evidence such as photos, witness statements, OSHA violations, and medical records can help show the employer failed to provide a safe workplace.
You may have a third‑party claim against the subcontractor, property owner, or equipment manufacturer.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
How to Prove Employer Negligence in a Construction Injury Case
- Show the Employer Owed a Duty of Care
Texas employers must provide a reasonably safe workplace.
- Show the Employer Breached That Duty
Examples include:
- Ignoring OSHA standards
- Failing to fix known hazards
- Not providing PPE
- Show the Breach Caused Your Injury
Medical records, witness statements, and photos help establish causation.
- Show You Suffered Damages
This includes medical bills, lost wages, pain and suffering, and long‑term disability.
How Employer Negligence Differs From Workers’ Comp Claims
Workers’ Compensation Employers
- Provide limited benefits
- Cannot be sued for negligence
- Do not pay pain and suffering damages
Nonsubscriber Employers
- Can be sued directly
- Lose key defenses (e.g., assumption of risk, coworker negligence)
- Must pay full damages if found negligent
What Damages Can You Recover in a Negligence Lawsuit?
- Full medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Punitive damages (in cases of gross negligence)
Speak With a Texas Construction Employer Negligence Lawyer Today
If you were injured because your employer failed to keep the job site safe, you may be entitled to significant compensation.
📞 Call MLF Legal today at 214‑357‑1782 or
💻 Fill out our online form for a free consultation.
We only get paid if we win your case.
What to Do After a Construction Injury Caused by Employer Negligence
- Report the injury immediately
- Seek medical treatment
- Document unsafe conditions
- Get witness statements
- Contact a construction injury lawyer
Call MLF Legal today
214-357-1782
Fill out our online form
for a free consultation.
We only get paid if we win your case.