The short answer
More than one company is usually responsible, and the one that employs you is often not the most important one. Texas lets injured workers bring claims against other companies on the site whose carelessness contributed to the injury, and those claims exist separately from anything your own employer owes you.
Why your employer is only part of the picture
If your employer carries workers' compensation, that system generally covers medical care and a portion of lost wages, and you usually cannot sue that employer for negligence. What it does not pay is compensation for pain, for mental anguish, or for the full value of what the injury took from you. Claims against other companies can reach those losses.
If your employer is a non-subscriber, meaning it opted out of workers' compensation, you may be able to sue your employer directly, and Texas law takes away several defenses it would otherwise have.
The general contractor and who controlled the site
A general contractor that retains control over site safety can be responsible when that control is exercised carelessly, or not at all. Scaffolding, fall protection, trench shoring, electrical lockout, traffic control and who's allowed where are typically the general contractor's domain. Whether they actually controlled the hazard that hurt you is a question the contracts and the daily reality on site both speak to.
Other subcontractors
Crews working for different companies share the same space. A sub that leaves an unguarded opening, stages material badly, cuts a line or swings a load over another crew can be responsible to workers who are not its employees at all. These are among the most common construction claims and among the most frequently missed.
Equipment and product failures
A lift that fails, a defective harness, a saw with a missing guard, a ladder that collapses: when equipment causes the injury, the manufacturer, the rental company or the outfit responsible for maintenance may be liable. Preserving the equipment itself matters enormously, because once it is repaired, returned or scrapped, the proof goes with it.
Property owners
An owner who creates a hazard, or who knows about a dangerous condition on the premises and does nothing, can share responsibility. This comes up with pre-existing conditions on the property: unmarked buried utilities, unstable structures, or contamination that the crew had no way to know about.
Staffing agencies and temp crews
If a staffing agency employs you but another company directs your work, both may carry obligations, and they may carry different insurance. Training, equipment and supervision can each sit with a different entity. Keep paperwork from both companies, because which one is responsible for what is rarely obvious from the job site.
The paperwork that decides these cases
- Daily reports and job site logs
- Safety meeting and toolbox talk records
- Subcontractor agreements and insurance certificates
- Equipment inspection and maintenance records
- Training and certification files
- Photographs taken before the scene is cleaned up
Almost all of it is held by the companies involved, and most of it is produced through a formal legal request rather than handed over on request. Sites change fast, so the sooner someone asks for it to be preserved, the more of it still exists.
Does an OSHA investigation help?
It can. An OSHA finding is not the same as proving a civil case, and the agency's conclusions do not automatically decide who pays. But the investigation often documents conditions, interviews witnesses and identifies violations while everything is fresh, and that record can be useful later.
What to do in the first week
- Report the injury to your employer in writing and keep a copy
- Get medical care and tell the provider it happened at work
- Photograph the area, the equipment and anything unusual, if you safely can
- Write down every company that was on site and who saw it happen
- Don't sign releases, arbitration agreements or recorded statements yet
- Talk with a lawyer before the site changes
If you're worried about your job
Texas law protects employees from being fired for filing a workers' compensation claim in good faith. If retaliation is a concern, it's worth raising early, and it's one more reason to put your injury report in writing rather than mentioning it to a foreman in passing.
Frequently Asked Questions
I'm a subcontractor, not an employee. Do I have a claim?
Often you have more options, not fewer. Claims may exist against the general contractor, another subcontractor, the property owner or an equipment manufacturer, depending on who controlled the work and the hazard.
Does it help my case if OSHA investigates?
It can. OSHA findings don't decide a civil claim, but the investigation documents conditions and interviews witnesses while everything is fresh, and that record can support a case later.
My employer offered to pay my medical bills directly. Should I accept?
Be careful, and read everything first. Some direct-payment arrangements come with releases or arbitration agreements attached. Having a lawyer look at the paperwork before you sign costs nothing.
This article is general information about Texas law, not legal advice about your situation. For advice about your case, talk with an attorney.