Can You Sue Your Employer After a Houston Construction Accident?

If your employer on a Houston construction site had no workers' compensation insurance, you can sue them directly for negligence, and the injury claim itself, not workers' comp, is where recovery for pain and suffering actually lives. Ben Dominguez of Ben Dominguez Law Firm in Houston, Texas sits down with McCartney to walk through what makes a construction site so dangerous, who besides the employer can be held responsible, and what an injured worker and their family should do in the first 24 hours. Questions answered in this episode: What makes a Houston construction site so dangerous? Why should an injured Houston construction worker call a lawyer first? How does an OSHA citation support a construction injury case? How is lost earning capacity calculated for an injured worker? Does immigration status affect a construction injury claim in Texas? What is the Texas non-subscriber wrinkle, and how can it block a lawsuit? What should you do in the first 24 hours after a Houston construction accident? Why should construction workers wear their own safety gear on the job? Topics covered: foreman-led site safety and general contractor liability, workers' compensation versus a direct negligence suit, hiring a safety expert, OSHA's citation process and the standard of care, lost earning capacity calculations, immigration status and jury selection in a construction injury case, the Texas non-subscriber employer wrinkle, evidence preservation in the first 24 hours, and personal protective equipment. Ben Dominguez on general contractor liability: "If the contractor, general contractor, knows what's going on and they control the workers because they have to manage and control them, and if we prove they are, and if they don't have a harness, then part of the blame, a large part goes to the general contractor." Ben Dominguez on OSHA citations: "The OSHA law cannot be used by itself to say this is the standard of care. You have to have an expert to say the standard of care was X." Ben Dominguez on lost earning capacity: "As a roofer, I made $50 an hour. Mowing lawns, I made $20. So the difference is $30, and that's your loss earning capacity." Ben Dominguez on the Texas non-subscriber wrinkle: "My company, let's say they don't have workers' comp. Well, they're a non-subscriber. That means I can sue them." Ben Dominguez on personal protective equipment: "You have to get that equipment yourself. Your job's not gonna give it to you." Ben Dominguez Law Firm represents injured construction workers and their families across Harris County and the greater Houston region, handling third-party negligence claims, non-subscriber employer suits, and wrongful death cases in English and Spanish. Ben Dominguez is a Houston personal injury attorney with more than 30 years of experience representing injured Texans, working on contingency so the first consultation costs nothing. Watch the video version on YouTube. Listen to the audio version on Apple Podcasts and Spotify. Subscribe for new episodes of the Ben Wins Texas Law Podcast. Free consultation: benwins.com Phone: (713) 804-6822 Office: Houston, Texas #TexasNonSubscriber #GeneralContractorLiability #OSHAStandardOfCare #LostEarningCapacity #HoustonConstructionAccident #HarrisCountyPersonalInjury Recorded September 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so the discussion here may no longer be current at the time you view or listen to it and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state. Chapters 00:00:00 Welcome back to Ben Wins Texas Law Podcast w. Ben Dominguez 00:00:22 What Makes a Houston Construction Site So Dangerous? 00:03:41 Why Should an Injured Houston Worker Call a Lawyer First? 00:04:51 How Does an OSHA Citation Support a Construction Case? 00:06:36 How Is Lost Earning Capacity Calculated in a Personal Injury Case? 00:07:41 Does Immigration Status Affect a Construction Injury Claim? 00:09:22 What Happens When a Texas Contractor Works for a Non-Subscriber Employer? 00:10:48 Should You Call OSHA After a Houston Job Site Injury? 00:11:45 Why Call a Lawyer Before the Houston Job Site Changes? 00:13:53 Why Should You Buy Your Own Safety Gear on a Job Site?