Statute of Limitations
Texas: 2 years from injury for civil lawsuits; workers' comp employer notice promptly; Texas workers' comp is optional — non-subscriber employers can be sued directly
2 years (civil lawsuit); report to employer promptly
Where to File in Texas
Texas construction accident cases are litigated in state district courts, typically in the county where the project was located. Federal jurisdiction is uncommon unless diversity of citizenship and amount-in-controversy thresholds are met; most plaintiffs prefer state court given Texas jury pools and local venue rules.
Texas imposes a two-year statute of limitations for personal injury (Tex. Civ. Prac. & Rem. Code § 16.003). The clock runs from the date of injury for most construction accidents; discovery rule tolling is limited and applies only where the nature of the injury was inherently undiscoverable.
Texas has no Scaffold Law. Liability is governed by ordinary negligence principles, premises liability (for property owners), and the Texas Labor Code framework. Texas is a non-subscriber state — employers may opt out of workers' compensation, which eliminates the exclusivity bar and opens direct negligence claims against non-subscribing employers with no comparative fault cap.
For subscribing employers, workers' comp is the exclusive remedy against that employer, but third-party claims against general contractors, subcontractors, equipment manufacturers, and premise owners remain viable. OSHA 300 logs, serious/willful citations, and OSHA investigation files are powerful discovery targets in Texas construction litigation.
Exposure in Texas
Source: Texas Workers' Compensation Act — Non-subscriber provisions
Source: CPWR Construction Industry Data — Texas
Your Legal Team
Marcus Webb
Partner
Houston, TX
Marcus Webb is a Houston-based construction accident attorney with 17 years of experience representing workers injured in commercial and industrial construction, petrochemical plant construction, and oil-field-adjacent projects throughout Texas. His mechanical engineering background makes him an effective advocate in cases involving crane failures, equipment defects, and machinery accidents — the technically complex cases where engineering analysis is critical to establishing liability. Marcus has recovered over $75 million for Texas construction workers and their families, including several multi-million-dollar verdicts involving crane collapses and trench collapse wrongful death cases in Harris and Galveston counties.
Education
- J.D., University of Texas School of Law (2009)
- B.S., Mechanical Engineering, Texas A&M University (2006)