CONSTRUCTION DEFECT & INJURYCatastrophic injury and construction defect cases

Construction Defect & Injury

When employers are hit with allegations of safety violations or workplace injuries, we vigorously defend them before administrative bodies, in arbitrations, at trial, and on appeal in state and federal courts. Fee Smith represents construction companies, contractors, construction managers, and design and engineering professionals in construction accident liability cases. Our attorneys have many years of experience defending employers in commercial food service, healthcare, and retail settings. We have also successfully defended a wide range of employers in heavily regulated industries, including oil and gas and industrial manufacturing, as well as contractors and subcontractors who provide essential services to those industries at wells, manufacturing and processing plants, and other work sites. Our attorneys have extensive knowledge of Texas construction and labor laws, as well as Occupational Safety and Health Administration (OSHA) standards. Whenever possible and appropriate, we work with co-defendants to achieve favorable results and control litigation costs.

Non-subscriber Defense


Approximately 80-90 percent of serious workplace injuries are caused by human error. That’s a daunting statistic for many employers, particularly those in transportation, commercial food service, construction, healthcare, heavy equipment, oil and gas, industrial manufacturing, and retail. Texas eliminated the requirement that employers carry workers’ compensation insurance in the Workers’ Compensation Act of 1993. Employers operating in Texas without workers’ compensation insurance are known as “non-subscriber” employers. Fee Smith’s Employer Liability Practice Group features attorneys that exclusively represent non-subscriber employers.

What does “Non-subscriber” status mean for my company?


Fee Smith’s Employer Liability Practice Group is well-versed in the nuances of Texas law and the unique requirements of non-subscriber employers. In Texas, “non-subscriber” employers who opt out of traditional workers’ compensation insurance have several tools to defend against and prevent employee personal injury litigation. Whether employers choose ERISA-based occupational injury benefit plans or rely on employment agreements and well-documented employee safety training programs, our attorneys provide insight and guidance tailored to the needs of your business. When necessary, our attorneys defend employee injury claims in arbitration, mediation, and state and federal courts.

Frequently Asked Questions

What steps should my company take to prepare for potential litigation in Texas?

If your company is facing the possibility of litigation in Texas, it’s essential to take certain steps to prepare. First, gather and organize all relevant documents, contracts, and communications related to the dispute. Consult with your in-house legal team or engage outside counsel to evaluate the strengths and weaknesses of your case. It’s crucial to preserve any electronic or physical evidence that may be relevant to the litigation. Finally, communicate openly and regularly with your trial lawyer to ensure a comprehensive understanding of the situation and develop an effective legal strategy.

Can my company be sued in multiple jurisdictions in Texas?

Yes, it’s possible for a company to be sued in multiple jurisdictions within Texas. This can occur if the company has operations, employees, or significant contacts in different counties or cities across the state. In such cases, it’s crucial to work with an experienced trial lawyer who understands the complexities of multi-jurisdictional litigation. They can help you navigate the various procedural rules and strategize the most effective approach to handle the litigation in each jurisdiction.

How long does the litigation process typically take for a company in Texas?

The duration of litigation can vary widely depending on the specific circumstances of the case. Complex commercial disputes involving companies often take longer than simple personal injury cases. The litigation process in Texas generally involves several stages, including pleadings, discovery, pre-trial motions, trial, and potentially an appeal. It’s challenging to provide an exact timeline, as each case is unique. However, your trial lawyer can provide a rough estimate based on their experience and knowledge of the specific court where the case is being litigated.

Emergency Response Team

The FS&S Emergency Response Team was developed to help our corporate and insurance clients with their need for legal assistance during a catastrophic event such as a construction or transportation accident. The firm has assembled a team of attorneys and outside experts that can be called upon at a moment’s notice to assist with the gathering of facts and other data necessary to represent the clients’ best interest in anticipation of future litigation.

If your company has been involved in an accident that requires our immediate expertise and assistance, please contact one of the individuals listed below. We are here to help 24 hours a day, seven days a week.

Fee, Smith & Sharp White Logo
Dallas | 972-934-9100
Austin | 512-479-8400
Houston | 713-362-8300

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