Texas Construction Site Injury Law: CPRC Chapter 95 Control Rule & General Contractor Duties
Governing Texas Statutes & Controlling Appellate Precedent
Tex. Civ. Prac. & Rem. Code §§ 95.001–95.004 (Property Owner's Liability for Contractor Injuries) Tex. Lab. Code § 406.123 (Consolidated Owner-Controlled / General Contractor Workers' Comp Programs) 29 C.F.R. Part 1926 (OSHA Construction Standards — Admissible as Standard of Care Evidence)
Leading Texas Supreme Court & Appellate Decisions:
- Redinger v. Living, Inc., 689 S.W.2d 415 (Tex. 1985) (Restatement § 414 Retained Control by General Contractor)
- Abutahoun v. Dow Chemical Co., 463 S.W.3d 42 (Tex. 2015) (Chapter 95 Applies to Contemporaneous Negligence of Owner)
- JLB Builders, L.L.C. v. Hernandez, 622 S.W.3d 860 (Tex. 2021)
Overview of Texas Law & Liability Framework
Texas construction accident law sharply differentiates between the statutory immunity enjoyed by commercial property owners under CPRC Chapter 95 and the common-law 'retained control' liability of general contractors and fellow subcontractors under Redinger v. Living, Inc.
Key Texas Statutory Rules & Liability Standards
- Chapter 95 Applies Only to 'Property Owners' — NOT General Contractors or Subcontractors: Crucially, the heightened 'actual knowledge + retained control' shield of Tex. Civ. Prac. & Rem. Code Chapter 95 protects only a 'property owner' (§ 95.001(3)—one who owns real property or holds a commercial lease, not a general contractor or another trade subcontractor).
- General Contractor Liability Under Redinger v. Living & JLB Builders: To hold a general contractor liable for an injury to a subcontractor's worker in Texas, the plaintiff must prove under Redinger v. Living, Inc., 689 S.W.2d 415 (Tex. 1985) and JLB Builders v. Hernandez, 622 S.W.3d 860 (Tex. 2021) that the GC either held a contractual right to control the operative details of the subcontractor's work or actually exercised supervisory control over the specific safety method that caused the injury.
- Consolidated / Wrap-Up Workers' Comp Programs (Tex. Lab. Code § 406.123 & Entergy v. Summers): Under Tex. Lab. Code § 406.123 and Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009), if a general contractor or premises owner enters into a written agreement before the injury to provide workers' compensation insurance to the subcontractor and its employees (an OCIP or CCIP 'wrap-up' policy), the GC/owner becomes the 'statutory employer' and is immune from tort suits under the Exclusive Remedy bar (§ 408.001)!
Texas Court Procedure, Crash Reporting & Evidentiary Deadlines
Always verify whether an Owner-Controlled Insurance Program (OCIP) or Contractor-Controlled Insurance Program (CCIP) written election under Tex. Lab. Code § 406.123(f) was properly executed and filed with TDI-DWC prior to the date of the construction accident.
Compensatory & Exemplary Damages Available Under Texas Law
Third-party tort damages against negligent subcontractors, crane operators, scaffold erectors, or equipment manufacturers, plus non-subscriber claims where the direct employer opted out of Texas workers' comp.
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