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You were hurt on a construction site in Houston.
The bills are piling up, your body is hurting, and whether your employer even carries workers' comp changes everything about your case.
TopDog fights to get you the money and care you deserve.
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Construction had the highest number of workplace fatalities of any industry in Texas in 2024, with 128 deaths, accounting for 23 percent of the state's 557 total workplace fatalities, according to the Texas Department of Insurance's Census of Fatal Occupational Injuries report. Houston's constant building activity, from high-rise and mixed-use development downtown to petrochemical, port, and infrastructure construction along the Houston Ship Channel and across Harris County, puts workers at risk of falls, being struck by equipment, and trench collapses every day. Texas is the only state that allows employers to opt out of workers' compensation entirely, so whether your employer participates changes what you are entitled to. TopDog fights to get you every dollar you deserve.
From high-rise and mixed-use development near our office on Richmond Avenue to petrochemical, port, and infrastructure construction along the Houston Ship Channel and across Harris County, we know where Houston's construction sites carry the most risk and we know how to build a case around them. When our clients end up at Ben Taub Hospital or Memorial Hermann–Texas Medical Center after a serious fall or crush injury, we know what that treatment means for the value of your case. Those accidents cause real damage to Houston families and we fight to get injured people the care and money they deserve.
In Texas, if your employer subscribes to workers' compensation, their insurer may use delay, deny, and lowball tactics to protect the employer, not you. If your employer does not participate, a 'non-subscriber,' you can sue them directly in civil court for negligence, and Texas law strips away the defenses they would normally use against you. Either way, general contractors, property owners, and other parties across Harris County may be separately liable, and government entities like the City of Houston can carry a notice deadline as short as 90 days. We know how to leverage the justice system across Texas courts to fight back for what you may be owed.
IMPORTANT TEXAS LEGAL INFORMATION — CONSTRUCTION ACCIDENTS
The Non-Subscriber System: Texas is the only state where private employers can legally opt out of workers' compensation entirely. If your employer subscribes to workers' comp, it is generally your exclusive remedy against them, meaning you cannot sue them directly even if they were careless (a narrow gross negligence exception allows exemplary damages in death cases). If your employer is a non-subscriber, you can sue them directly in civil court for negligence, and Texas Labor Code Section 406.033 bars the employer from using your contributory negligence, a coworker's negligence under the fellow-servant rule, or assumption of risk as defenses. A non-subscriber claim can recover full medical costs, full lost wages, pain and suffering, and in gross negligence cases, punitive damages, none of which workers' compensation provides.
Third-Party Liability: Regardless of your employer's subscriber status, general contractors, subcontractors, property owners, architects, engineers, and equipment manufacturers who are not your direct employer may be separately liable under common law negligence and, where a hazardous property condition was involved, premises liability.
OSHA Violations: You cannot sue under OSHA directly, and OSHA does not pay injured workers. Documented OSHA citations can be used as evidence of negligence whether pursuing a non-subscriber employer directly or a third party.
Statute of Limitations: If your employer subscribes to workers' compensation, a claim generally must be filed with the Texas Department of Insurance Division of Workers' Compensation within 1 year of the accident. A personal injury lawsuit against a non-subscriber employer or a third party generally must be filed within 2 years.
Government Entity Deadline: If a government entity was involved, notice requirements vary and can be very short: the City of Houston requires notice within 90 days under its city charter, Harris County requires notice within 180 days, and the general Texas Tort Claims Act requires notice within 6 months. Missing these notice deadlines can permanently bar a claim against that government entity even though the 2-year lawsuit deadline has not run.
Comparative Responsibility: In a third-party claim, Texas follows modified comparative responsibility under Chapter 33 of the Texas Civil Practice and Remedies Code. You can recover damages if you are 50% or less responsible, with your award reduced by your percentage of fault. If you are found 51% or more responsible, you recover nothing. This does not apply to bar a non-subscriber employer from being sued based on your own fault, since that defense is unavailable to them entirely.
This is a brief summary of commonly applied laws in the jurisdiction. There are often different laws that apply to different circumstances. Once you hire TopDog, your attorney will advise you on the applicable laws.
Workers' compensation, if your employer carries it, may cover only a fraction of what you actually need, and it does not pay for pain and suffering. If your employer is a non-subscriber, a direct negligence claim can recover far more, including pain and suffering and, in gross negligence cases, punitive damages. Insurance carriers and non-subscriber employers alike count on injured workers not understanding which path applies to them. TopDog Law and its co-counsel investigate your employer's subscriber status and every other party connected to your accident, then fight for the full recovery available.
Recoveries by TopDog Law and its co-counsel. Past results do not guarantee similar outcomes in your case.
Call us or fill out our form — getting started takes about 5 minutes. Tell us what happened. We'll review your information and get back to you fast to discuss your case. No pressure.
Get medical attention and document everything — your health comes first. Keep records of every doctor visit, every bill, every day you missed work or could not do what you normally do.
Do not talk to insurance or your employer without us. Whether your employer subscribes to workers' comp or not, anything you say can be used to reduce what you are owed. Let TopDog handle them.
Time Is Critical
If your employer subscribes to workers' compensation in Texas, you generally must file within 1 year. If your employer is a non-subscriber or you are pursuing a third party, a lawsuit generally must be filed within 2 years, but government entity involvement can shorten that dramatically, as little as 90 days for the City of Houston. Evidence like job site conditions, safety equipment, and witness accounts can disappear fast. Call TopDog now. This is a general summary — deadlines vary. Contact TopDog Law to confirm what may apply in your situation.
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