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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.

Construction workers on a job site

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

StateDeadline to sue for most injuriesClaims against a government agencyIf you were partly at fault
California2 years CCP § 335.1Written claim usually within 6 months Gov. Code § 911.2You can recover, reduced by your share of fault
Texas2 years CPRC § 16.003Written notice usually within 6 months CPRC § 101.101Barred if you are more than 50% at fault CPRC ch. 33
Florida2 years for negligence (injuries on or after March 24, 2023) Fla. Stat. § 95.11Written notice to the agency before suing Fla. Stat. § 768.28Barred 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.

Start your free consultation