Construction caused 128 fatal workplace injuries in Texas in 2024

Construction workers died at a rate of 128 in 2024, according to a report from the Texas Department of Insurance. The data represents a portion of 557 total fatal occupational injuries recorded across the state during that calendar year. Families of those workers face immediate questions about employer coverage and liability. The answer to those questions determines the legal path available for compensation.

The Texas Labor Code governs these decisions. Section 406.002 allows private employers to choose whether to carry workers' compensation insurance. If an employer subscribes to the system, Section 408.001 typically makes that coverage the exclusive remedy for injured employees. This rule prevents workers from suing their subscribing employers for work-related injuries. However, the law provides a narrow exception for fatal claims involving gross negligence.

Under Section 408.001(b), surviving spouses or children may sue a subscribing employer directly. To succeed, they must prove by clear and convincing evidence that the employer knew of an extreme risk and acted with conscious indifference to safety. This standard applies when the injury results in death caused by intentional acts or gross negligence. Without this specific proof, the employer retains its statutory immunity.

Workers who hold valid coverage can still pursue separate claims against third parties. Texas Labor Code Chapter 417 allows eligible workers to receive compensation benefits while suing other responsible parties. These third parties might include contractors, property owners, or equipment manufacturers. The workers' compensation carrier holds a right of subrogation. This allows the carrier to recover the benefits it paid from the third party's settlement or judgment.

Employers who do not subscribe to workers' compensation are called nonsubscribers. Under Section 406.033, nonsubscribers generally cannot use common-law defenses such as contributory negligence or assumption of risk. The statute also bars the fellow-employee negligence defense. Workers may sue these employers directly for negligence. They must provide evidence linking the employer's specific actions to the injury sustained.

The next step for any injured worker is to verify the employer's coverage status. A private occupational accident plan is not the same as state-mandated workers' compensation. Workers should request written confirmation of coverage for the specific date of the accident. They must preserve all plan documents, benefit notices, and coverage letters. This documentation clarifies which legal routes remain open.

Medical treatment should begin immediately after an injury. Workers must report the incident to their employer without delay. They should keep copies of all notices and save photographs of the site. Witness contacts and equipment identifiers are essential for establishing liability. Legal advice should follow after this initial documentation is complete.