Construction is one of the most dangerous industries in the United States, resulting in 19% of all fatal occupational injuries in 2022, according to the Bureau of Labor Statistics. That same year, there were 169,600 non-fatal construction job-related injuries and illnesses, with 42% resulting in days away from work. Construction industry employers in Dallas, Houston and throughout Texas need to be well-prepared to defend themselves legally in the event of an employee injury.
Workers’ Compensation Insurance
While most employers are not required to have workers' compensation insurance in Texas, it is advisable for construction contractors to carry it. Workers’ compensation insurance limits your legal exposure in the event an employee is injured on the job. Through workers’ compensation, employees can receive benefits for work-related injuries or illnesses without needing to prove their employer was at fault. In exchange, employees who enter a workers’ compensation claim typically forfeit the right to sue their employer for negligence. However, an exception is made in cases where an employer’s gross negligence results in an employee’s death.
Workers’ compensation covers employees’ medical treatment and provides a portion of their lost wages while they are recovering. In cases of permanent disability or death, the insurance provides some financial support to the injured worker or their dependents.
Employees resolve any workers’ compensation disputes through the Texas Department of Insurance Division of Workers Compensation’s dispute resolution process. If either party is unhappy with the DWC’s final decision, they can appeal it to a court.
OSHA Compliance
In the event you are sued for negligence by an employee, being able to demonstrate that you did not breach your duty of care will go a long way in defending your company. If you can demonstrate that you adhered to the Department of Labor’s Occupational Safety and Health Administration (OSHA) standards and regulations for your industry, this will show that you fulfilled your duty in taking reasonable steps to prevent accidents. Requirements range from properly maintaining equipment to preventing falls from heights to training employees on safety protocols. It is also imperative that you maintain accurate, thorough records that document everything from safety training to safety inspections and that comply with all OSHA recordkeeping requirements.
Other Defenses to Negligence Claims
Besides arguing that no duty of care was breached, another defense is a lack of proximate cause. For an employee to prove negligence, they need to show that their injury was a direct result of your actions or omissions. Alternately, successfully arguing that a third party, such as another contractor, subcontractor or equipment manufacturer, was responsible for the accident may allow you to shift or share the liability. Another potential defense is contributory negligence on the part of the employee. Texas law follows a modified comparative negligence rule, which states that if a plaintiff is found to be 51% or more at fault for the accident, they are barred from recovering damages. In some cases, you may also be able to argue that the employee was aware of the risks involved and voluntarily accepted them. However, employers who do not contract for workers’ compensation coverage are not allowed to defend themselves in court with the argument that the employee’s negligence caused the injury or that the injured employee knew about the danger and accepted it anyway.
Pappas Grubbs Price PC represents owners, developers, design professionals, contractors, subcontractors, product suppliers and their insurers in litigation arising out of construction projects. Our experienced construction accident lawyers have successfully defended construction companies in Dallas, Houston and throughout the state of Texas in a wide range of matters. Contact us for assistance with your construction litigation matter.
