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Workplace & Construction Injuries · California · Texas · Florida
Hurt on the job? You may have a claim beyond workers’ comp.
On-the-job and construction site injuries in California, Texas, and Florida, including claims against third parties.
Workers’ comp and third-party claims
In most cases workers’ compensation is the only claim you can bring against your own employer. But if someone else caused the injury, like a subcontractor, property owner, equipment maker, or driver, you may also have a personal injury claim against them for full damages, including pain and suffering.
Texas non-subscribers
Texas lets many private employers opt out of workers’ compensation. If your employer is a “non-subscriber,” you may be able to sue the employer directly for negligence, and the employer loses several common defenses Tex. Lab. Code § 406.033.
Common construction injuries
- Falls from ladders, roofs, and scaffolding
- Being struck by equipment or falling objects
- Defective tools and machinery
- Trench and structure collapses
- Electrocution
Common questions
Should I report the injury to my employer?
Yes, right away and in writing. Workers’ comp has short notice deadlines.
Can I get fired for filing a claim?
Retaliating against workers for filing workers’ comp claims is prohibited in California, Texas, and Florida.
What does it cost?
Third-party injury claims are handled with no attorney’s fee unless we recover money for you.
Time limits
Deadlines in California, Texas & Florida
| State | Deadline to sue for most injuries | Claims against a government agency | If you were partly at fault |
|---|---|---|---|
| California | 2 years CCP § 335.1 | Written claim usually within 6 months Gov. Code § 911.2 | You can recover, reduced by your share of fault |
| Texas | 2 years CPRC § 16.003 | Written notice usually within 6 months CPRC § 101.101 | Barred if you are more than 50% at fault CPRC ch. 33 |
| Florida | 2 years for negligence (injuries on or after March 24, 2023) Fla. Stat. § 95.11 | Written notice to the agency before suing Fla. Stat. § 768.28 | Barred if you are more than 50% at fault Fla. Stat. § 768.81 |
Deadlines can be shorter or longer depending on the facts. Call early so evidence and deadlines are protected.
Hurt in an accident?
Free consultation. No attorney’s fee unless we recover.