Often, yes. Texas law lets injured construction workers pursue a third-party claim against parties other than their direct employer — such as a general contractor, subcontractor, property owner, or equipment manufacturer whose negligence contributed to the injury — even while receiving workers' compensation. On a busy site, there are frequently several such parties.

Texas is the only state that does not require private employers to carry workers' compensation. If your employer is a "nonsubscriber," you may be able to sue the employer directly for negligence — and nonsubscribers lose several of the legal defenses they would otherwise have, which can strengthen an injured worker's position.

OSHA's "Fatal Four" account for most construction deaths: falls, struck-by incidents, electrocutions, and caught-in or caught-between accidents. Falls from scaffolding, roofs, and elevated platforms are the single leading cause. OSHA fall-protection standards apply above six feet on construction sites, and a violation can be powerful evidence of negligence.

Austin's building boom — along the I-35 corridor, the Domain, and downtown — brings many contractors and trades onto the same sites at once. That complexity raises both the risk of accidents and the likelihood that a third party, not just your direct employer, shares responsibility.

Beyond what workers' comp provides, a third-party or nonsubscriber claim may allow recovery for full lost wages and earning capacity, pain and mental anguish, physical impairment and disfigurement, and — where the conduct was egregious — exemplary (punitive) damages.

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent Devere is board certified in four areas: consumer law, commercial law, residential and commercial real estate law, and consumer bankruptcy law. Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.

Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.