Experienced Texas Construction Accident Lawyers Protecting Injured Workers

Construction work is one of the most dangerous occupations in Texas and across the United States. Every day, construction workers face serious hazards including falls from height, electrical dangers, heavy machinery accidents, and collapsing structures. Despite federal and state safety regulations, construction accidents continue to cause thousands of serious injuries and deaths each year in Texas.

When construction workers are injured on the job, they often face a complex web of legal issues involving workers’ compensation, third-party liability, and federal safety regulations. Insurance companies and employers frequently try to minimize claims or deny coverage altogether. Meanwhile, injured workers struggle with mounting medical bills, lost wages, and uncertainty about their future.

At Harper Law Firm, we understand the unique challenges facing injured construction workers in Texas. We know that workers’ compensation benefits are often inadequate for serious injuries, and we work aggressively to identify all potential sources of compensation beyond just workers’ comp. As experienced Texas construction accident lawyers, we fight against general contractors, subcontractors, property owners, equipment manufacturers, and anyone else whose negligence contributed to your injuries.

Why Choose Harper Law Firm for Your Texas Construction Accident Case?

Understanding Construction Site Complexity

Modern construction sites involve multiple contractors, subcontractors, and vendors working simultaneously. We understand:

• The complex relationships between different parties on construction sites
• How to identify all potentially liable parties beyond just your direct employer
• Federal OSHA regulations and Texas-specific construction safety requirements
• The interaction between workers’ compensation and third-party liability claims

Experience with Third-Party Liability Claims

While workers’ compensation may cover basic medical expenses and lost wages, third-party claims can provide additional compensation:

• Claims against general contractors for unsafe site conditions
• Product liability claims against defective equipment manufacturers
• Premises liability claims against property owners
• Motor vehicle accident claims involving construction vehicles

Knowledge of Construction Industry Standards

We understand construction industry practices and safety standards:

• OSHA construction safety regulations and compliance requirements
• Industry best practices for fall protection, electrical safety, and equipment operation
• Proper training and certification requirements for construction workers
• Safety protocols that should be followed on active construction sites

Resources for Complex Construction Cases

Construction accident cases often require significant investigation and expert testimony:

• Accident reconstruction specialists who understand construction site dynamics
• OSHA compliance experts who can identify safety violations
• Medical experts who understand construction-related injuries
• Economic experts who can calculate lifetime damages for serious injuries

Common Types of Construction Accidents in Texas

Falls from Height

Falls are the leading cause of death and serious injury in construction:

Scaffold Accidents:

• Scaffold collapses due to improper assembly or overloading
• Falls from scaffolds without proper guardrails or safety equipment
• Defective scaffold components that fail unexpectedly
• Inadequate scaffold inspection and maintenance

Ladder Accidents:

• Falls from improperly positioned or defective ladders
• Ladder failures due to manufacturing defects or poor maintenance
• Electrical shock from ladders contacting power lines
• Falls when ladders slip or are knocked over by equipment

Roof and Elevated Work Falls:

• Falls through roof openings or skylights
• Falls from building edges without proper fall protection
• Accidents involving aerial lifts and boom equipment
• Falls during steel construction and high-rise work

Fall Protection Failures:

• Inadequate or missing personal fall arrest systems
• Defective safety harnesses, lanyards, or anchor points
• Failure to provide fall protection in required situations
• Improper training on fall protection equipment use

Struck-By Accidents

Being struck by objects or equipment is another leading cause of construction injuries:

Heavy Equipment Accidents:

• Workers struck by cranes, bulldozers, excavators, or other heavy machinery
• Accidents involving dump trucks, concrete mixers, and delivery vehicles
• Equipment tip-overs and rollovers that crush workers
• Backing accidents when equipment operators can’t see workers

Falling Object Accidents:

• Tools, materials, or debris falling from upper levels
• Crane load drops and rigging failures
• Inadequate protection from falling objects
• Storage and stacking accidents involving materials

Vehicle Accidents:

• Collisions between construction vehicles and workers
• Accidents involving delivery trucks and material transport vehicles
• Roadway construction accidents involving traffic
• Parking lot and access road accidents on construction sites

Electrical Accidents

Construction sites present numerous electrical hazards:

Power Line Contact:

• Crane booms or equipment contacting overhead power lines
• Ladder or scaffold contact with electrical lines
• Excavation accidents that damage underground electrical lines
• Inadequate clearance from electrical hazards

Electrical System Defects:

• Faulty wiring in temporary electrical systems
• Defective electrical tools and equipment
• Ground fault circuit interrupter (GFCI) failures
• Inadequate electrical safety protocols

Electrocution and Shock:

• Direct contact with live electrical wires or equipment
• Arc flash and arc blast injuries from electrical faults
• Burns from electrical contact
• Secondary injuries from electrical shock (falls, etc.)

Caught-In/Between Accidents

These accidents involve workers being caught, crushed, or compressed:

Trench and Excavation Collapses:

• Cave-ins due to inadequate shoring or sloping
• Failures of trench protection systems
• Excavations that exceed safe depth limits
• Inadequate soil analysis and classification

Equipment Entanglement:

• Clothing or body parts caught in machinery
• Accidents involving conveyor belts and material handling equipment
• Entanglement in power tools and rotating equipment
• Crushing accidents involving hydraulic equipment

Structural Collapses:

• Building or structure collapses during construction
• Concrete form failures and collapses
• Steel structure failures during erection
• Temporary structure collapses

Common Causes of Texas Construction Accidents

OSHA Safety Violations

Many construction accidents result from violations of federal safety standards:

The “Fatal Four”:

• Falls (leading cause of construction deaths)
• Struck by objects (second leading cause)
• Electrocutions (third leading cause)
• Caught-in/between accidents (fourth leading cause)

Specific OSHA Violations:

• Failure to provide required fall protection
• Inadequate scaffolding and ladder safety
• Electrical safety violations and inadequate lockout/tagout procedures
• Excavation and trenching safety violations
• Personal protective equipment (PPE) failures

Inadequate Safety Training

Many construction accidents result from insufficient worker training:

General Safety Training Deficiencies:

• Failure to provide required OSHA 10-hour or 30-hour training
• Inadequate hazard recognition and safety awareness training
• Language barriers that prevent effective safety communication
• Lack of site-specific safety orientation

Equipment-Specific Training Failures:

• Operating heavy equipment without proper certification
• Using power tools without adequate training
• Fall protection equipment training deficiencies
• Electrical safety training failures

Emergency Response Training:

• Inadequate first aid and emergency response training
• Failure to establish emergency action plans
• Inadequate evacuation procedures and assembly areas
• Poor communication systems for emergencies

Defective Equipment and Tools

Equipment failures contribute to many construction accidents:

Heavy Equipment Defects:

• Hydraulic system failures in cranes and excavators
• Brake failures in construction vehicles
• Steering and control system defects
• Safety system failures (backup alarms, lights, etc.)

Power Tool Defects:

• Defective guards and safety features
• Electrical defects that cause shock or fire
• Mechanical failures that cause tool breakage
• Inadequate warnings and instructions

Personal Protective Equipment Failures:

• Defective hard hats that fail on impact
• Safety harness failures during falls
• Respiratory protection equipment defects
• Eye and face protection failures

Site Conditions and Management Failures

Poor site management creates dangerous conditions:

Housekeeping and Site Maintenance:

• Debris and materials left in walkways
• Inadequate lighting in work areas
• Poor weather condition responses
• Failure to maintain safe access routes

Coordination and Communication Failures:

• Multiple contractors working without coordination
• Inadequate communication about hazards and work activities
• Failure to establish clear safety responsibilities
• Inadequate supervision and safety oversight

Scheduling and Time Pressures:

• Rushing work to meet unrealistic deadlines
• Working excessive hours that lead to fatigue
• Skipping safety procedures to save time
• Inadequate planning for safe work procedures

Serious Injuries Common in Construction Accidents

Traumatic Brain Injuries (TBI)

Construction workers frequently suffer brain injuries from:

• Falls from height onto hard surfaces
• Being struck by falling objects or heavy equipment
• Electrical accidents that cause loss of consciousness and falls
• Explosions and blasts that cause concussive injuries

Brain injuries can range from mild concussions to severe traumatic brain injuries requiring lifelong care and resulting in permanent cognitive impairment, personality changes, and inability to work.

Spinal Cord Injuries

The violent forces in construction accidents often cause spinal injuries:

• Complete or partial paralysis from falls or being struck by heavy objects
• Herniated discs and nerve damage from lifting and repetitive motions
• Compression fractures from falls or equipment accidents
• Neck injuries from electrical shock or sudden impact

Spinal cord injuries often require extensive rehabilitation, assistive equipment, home modifications, and ongoing medical care.

Orthopedic Injuries

Construction work involves significant physical demands that can lead to serious bone and joint injuries:

Fractures and Broken Bones:

• Complex fractures requiring multiple surgeries
• Crush injuries that damage bones, muscles, and soft tissue
• Amputations from machinery accidents or severe crush injuries
• Joint injuries requiring replacement or reconstruction

Back and Neck Injuries:

• Disc herniations and spinal stenosis
• Muscle strains and ligament tears
• Chronic pain conditions requiring ongoing treatment
• Injuries that prevent return to physical work

Burn Injuries

Construction sites present multiple burn hazards:

• Electrical burns from contact with live wires or electrical faults
• Chemical burns from concrete, solvents, and cleaning products
• Thermal burns from welding, cutting, and hot equipment
• Flash burns from explosions or electrical arc incidents

Severe burns often require multiple surgeries, skin grafts, and result in permanent scarring and disfigurement.

Internal Injuries

High-impact construction accidents can cause internal damage:

• Internal bleeding from being struck by heavy objects or equipment
• Organ damage from falls or compression injuries
• Chest injuries from falls or being caught between objects
• Abdominal injuries that may not be immediately apparent

Occupational Diseases

Long-term exposure to construction hazards can cause serious diseases:

Respiratory Diseases:

• Silicosis from concrete and masonry dust exposure
• Asbestosis from work on older buildings
• Chemical pneumonitis from solvent and chemical exposure
• Chronic obstructive pulmonary disease (COPD) from dust exposure

Cancer:

• Mesothelioma from asbestos exposure
• Lung cancer from dust and chemical exposure
• Skin cancer from sun exposure and chemical contact
• Other cancers from exposure to carcinogenic materials

Texas Workers’ Compensation vs. Third-Party Claims

Understanding Texas Workers’ Compensation

Texas is unique because workers’ compensation insurance is not required for most employers:

Texas Workers’ Compensation System:

• Employers can choose whether to carry workers’ compensation insurance
• Employees of “subscribers” (employers with workers’ comp) are generally limited to workers’ comp benefits for workplace injuries
• Employees of “non-subscribers” can sue their employers for workplace injuries
• Workers’ compensation provides medical benefits and wage replacement but limits other damages

Workers’ Compensation Benefits:

• Medical expenses for injury-related treatment
• Temporary income benefits while unable to work
• Impairment income benefits for permanent disabilities
• Supplemental income benefits for severe injuries
• Death benefits for surviving family members

Limitations of Workers’ Compensation:

• No compensation for pain and suffering
• Limited wage replacement (typically 70% of average weekly wage)
• No punitive damages for egregious employer conduct
• Medical care may be limited to approved providers and treatments

Third-Party Liability Claims

Even if you’re covered by workers’ compensation, you may have claims against third parties:

General Contractors and Subcontractors:

• Site safety violations that cause accidents
• Inadequate coordination between different contractors
• Failure to maintain safe working conditions
• Creating hazardous conditions that cause injuries

Property Owners:

• Dangerous conditions on the property
• Failure to warn about known hazards
• Inadequate security leading to criminal acts
• Design defects that create unsafe working conditions

Equipment Manufacturers:

• Defective tools, machinery, or safety equipment
• Inadequate warnings about equipment dangers
• Design defects that make equipment unreasonably dangerous
• Manufacturing defects that cause equipment failures

Motor Vehicle Accidents:

• Accidents involving delivery trucks, concrete mixers, or other vehicles
• Collisions with non-construction vehicles on or near job sites
• Commercial vehicle accidents during material transport
• Accidents involving rental vehicles or equipment

Maximizing Recovery from All Sources

We work to identify all potential sources of compensation:

Workers’ Compensation Claims:

• Ensuring proper filing and documentation of workers’ comp claims
• Fighting denials and disputes over coverage
• Appealing inadequate impairment ratings
• Maximizing available benefits under the workers’ comp system

Third-Party Personal Injury Claims:

• Identifying all potentially liable third parties
• Pursuing full damages including pain and suffering
• Seeking punitive damages for egregious conduct
• Coordinating third-party claims with workers’ compensation

Product Liability Claims:

• Claims against manufacturers of defective equipment or tools
• Design defect claims for inherently dangerous products
• Failure to warn claims for inadequate safety instructions
• Manufacturing defect claims for improperly made equipment

OSHA Regulations and Construction Safety

Federal OSHA Construction Standards

The Occupational Safety and Health Administration (OSHA) sets federal safety standards for construction:

OSHA Construction Standards (29 CFR 1926):

• Subpart L: Scaffolds and scaffolding safety requirements
• Subpart M: Fall protection requirements for construction
• Subpart P: Excavations, trenching, and soil classification
• Subpart K: Electrical safety in construction environments
• Subpart E: Personal protective and life saving equipment

OSHA Inspection and Enforcement:

• Workplace inspections following accidents or complaints
• Citations and fines for safety violations
• Repeat and willful violation penalties
• Criminal referrals for serious violations resulting in death

Using OSHA Violations as Evidence

OSHA violations can provide crucial evidence in construction accident cases:

Evidence of Negligence:

• OSHA citations demonstrate safety standard violations
• Expert testimony about industry safety standards and best practices
• Comparison of actual site conditions to required safety standards
• Documentation of prior violations and safety problems

OSHA Investigation Reports:

• Detailed accident investigation findings
• Identification of contributing factors and root causes
• Witness statements and expert analysis
• Photographs and documentation of site conditions

Industry Standards and Best Practices:

• ANSI (American National Standards Institute) standards
• NIOSH (National Institute for Occupational Safety and Health) recommendations
• Industry association safety guidelines and best practices
• Manufacturer recommendations for equipment and tool safety

Texas-Specific Construction Safety Requirements

Texas has additional construction safety requirements beyond federal OSHA:

Texas Department of Insurance (TDI) Requirements:

• Safety training requirements for certain construction activities
• Certification requirements for crane operators and other specialized equipment
• Insurance and bonding requirements for contractors
• Workers’ compensation reporting and safety program requirements

Local Building Codes and Ordinances:

• Municipal building codes and construction safety requirements
• Permit requirements and inspection procedures
• Traffic control and public safety requirements for construction zones
• Environmental protection requirements during construction

Who Can Be Held Liable in Texas Construction Accidents?

General Contractors

General contractors typically have overall responsibility for site safety:

Site Safety Responsibilities:

• Coordinating safety between multiple subcontractors
• Establishing and enforcing site safety rules and procedures
• Providing adequate safety training and equipment
• Maintaining safe site conditions and access routes

Liability for Subcontractor Actions:

• Hiring qualified and safety-conscious subcontractors
• Supervising subcontractor work and safety compliance
• Ensuring subcontractors follow established safety protocols
• Taking corrective action when safety violations are observed

Subcontractors

Subcontractors may be liable for accidents involving their work:

Direct Liability:

• Negligent performance of subcontracted work
• Violations of safety standards and regulations
• Failure to properly train or supervise employees
• Creating hazardous conditions that affect other workers

Contractual Liability:

• Breach of safety provisions in subcontract agreements
• Failure to maintain required insurance coverage
• Violations of indemnification and hold harmless clauses
• Non-compliance with specific safety requirements

Property Owners

Property owners may be liable under certain circumstances:

Premises Liability:

• Dangerous conditions on the property
• Failure to warn about known hazards
• Inadequate security leading to criminal acts against workers
• Design defects that create unsafe working conditions

Active vs. Passive Negligence:

• Active involvement in directing unsafe work practices
• Exercising control over site safety and work methods
• Knowledge of dangerous conditions without taking corrective action
• Pressure to complete work unsafely or without proper safety measures

Equipment Manufacturers and Suppliers

Manufacturers and suppliers may be liable for defective products:

Product Liability Claims:

• Design defects that make equipment unreasonably dangerous
• Manufacturing defects that cause equipment failures
• Failure to provide adequate warnings and safety instructions
• Breach of warranty for equipment that doesn’t perform safely

Equipment Rental Companies:

• Failure to properly maintain rental equipment
• Providing defective or unsafe equipment
• Inadequate inspection and safety checking procedures
• Failure to provide proper operating instructions and safety training

Architects and Engineers

Design professionals may be liable for accidents caused by design defects:

Professional Negligence:

• Design defects that create unsafe working conditions
• Failure to specify adequate safety measures and procedures
• Inadequate consideration of construction safety during design
• Errors in structural design that cause collapses or failures

Duty to Consider Construction Safety:

• Designing structures and systems that can be built safely
• Specifying appropriate safety measures and procedures
• Providing adequate access and fall protection in designs
• Considering maintenance and long-term safety issues

The Investigation Process in Construction Accident Cases

Immediate Scene Investigation

Time is critical in construction accident investigations:

Evidence Preservation:

• Photographing accident scenes before cleanup or changes
• Preserving defective equipment or tools involved in accidents
• Obtaining witness statements while memories are fresh
• Documenting weather conditions and site circumstances

OSHA and Government Investigations:

• Coordinating with OSHA investigators while protecting client rights
• Obtaining copies of government investigation reports and findings
• Using government resources while conducting independent investigation
• Ensuring client interests are protected during official investigations

Expert Witness Development

Construction accident cases often require multiple expert witnesses:

Safety and OSHA Compliance Experts:

• Former OSHA inspectors who understand construction safety regulations
• Construction safety professionals who can identify violations and best practices
• Industry experts who understand specific construction methods and hazards
• Training experts who can address adequacy of safety training and procedures

Engineering and Technical Experts:

• Structural engineers who can analyze building and equipment failures
• Mechanical engineers who understand equipment operation and maintenance
• Electrical engineers for electrical accident investigation
• Accident reconstruction specialists who understand construction site dynamics

Medical and Vocational Experts:

• Occupational medicine specialists who understand construction-related injuries
• Orthopedic and neurological specialists for serious injury cases
• Vocational rehabilitation experts who understand construction work demands
• Life care planners for catastrophic injury cases

Document Discovery and Analysis

Construction cases require extensive document review:

Safety Documentation:

• Site safety plans and procedures
• Safety training records and certifications
• OSHA inspection reports and violation histories
• Accident and near-miss reporting records

Contract and Project Documentation:

• Prime contracts and subcontract agreements
• Insurance policies and certificates
• Project schedules and change orders
• Daily reports and progress documentation

Equipment and Maintenance Records:

• Equipment inspection and maintenance logs
• Operator certification and training records
• Equipment rental agreements and inspection reports
• Manufacturer warranties and safety information

Challenges in Texas Construction Accident Cases

Complex Multi-Party Liability

Construction sites involve numerous potentially liable parties:

Coordination of Claims:

• Multiple defendants with different insurance carriers
• Conflicting interests between various parties
• Cross-claims and third-party claims between defendants
• Settlement negotiations involving multiple parties

Contractual Issues:

• Indemnification and hold harmless clauses
• Insurance coverage disputes and priority issues
• Subcontractor default and coverage gaps
• Additional insured provisions and coverage disputes

Workers’ Compensation Coordination

Balancing workers’ compensation and third-party claims:

Subrogation Issues:

• Workers’ compensation carriers’ rights to reimbursement from third-party recoveries
• Negotiating subrogation liens to maximize client net recovery
• Coordinating settlement timing between workers’ comp and third-party claims
• Protecting clients from unfair subrogation demands

Coverage Disputes:

• Disputes over whether injuries are work-related
• Independent contractor vs. employee classification issues
• Coverage denials and disputes over medical treatment
• Disputes over disability ratings and return-to-work capabilities

Statute of Limitations and Notice Requirements

Construction cases involve complex timing requirements:

Personal Injury Statutes of Limitations:

• Two-year limitation period for most personal injury claims
• Discovery rule applications for occupational diseases
• Different limitation periods for different types of claims
• Government claim notice requirements

Workers’ Compensation Deadlines:

• Notice requirements for reporting workplace injuries
• Deadlines for filing workers’ compensation claims
• Medical treatment authorization and approval deadlines
• Appeal deadlines for disputed claims

Frequently Asked Questions About Texas Construction Accidents

Can I sue if I’m covered by workers’ compensation?

You cannot sue your direct employer if they carry workers’ compensation insurance, but you may have claims against third parties like general contractors, subcontractors, property owners, or equipment manufacturers who contributed to your accident.

What if my employer doesn’t carry workers’ compensation insurance?

If your employer is a “non-subscriber” to workers’ compensation, you can sue them directly for workplace injuries. Texas law removes some legal protections employers normally have when they choose not to carry workers’ comp insurance.

How long do I have to report a construction accident?

You should report workplace injuries to your employer immediately or as soon as possible. For workers’ compensation, you generally have 30 days to report the injury. For third-party claims, you typically have two years to file a lawsuit, but it’s important to investigate and preserve evidence immediately.

What if I was partially at fault for the accident?

Under Texas comparative negligence law, you can recover damages as long as you were 50% or less at fault. Your recovery will be reduced by your percentage of fault, but construction workers are often not at fault when proper safety procedures aren’t followed.

Can I choose my own doctor for treatment?

Under workers’ compensation, your employer or their insurance company typically controls medical treatment. However, in third-party cases, you may have more control over medical care, and you may be entitled to compensation for all medical expenses and future treatment needs.

What if the accident was caused by defective equipment?

You may have a product liability claim against the equipment manufacturer in addition to any workers’ compensation benefits. These claims can provide compensation for pain and suffering and other damages not available through workers’ comp.

How much is my construction accident case worth?

The value depends on many factors including the severity of your injuries, your age and earning capacity, the degree of fault by various parties, and available insurance coverage. Serious construction injuries often result in substantial damages for medical care, lost wages, and pain and suffering.

Serving Construction Workers Throughout Texas

Harper Law Firm represents injured construction workers throughout Texas, including major construction centers and industrial areas:

Major Metropolitan Construction Markets

• San Antonio: Our home base with extensive local construction activity
• Houston: Major industrial and commercial construction hub
• Dallas-Fort Worth: Significant residential and commercial development
• Austin: Rapid growth creating extensive construction activity

Industrial and Energy Construction

• Gulf Coast: Petrochemical and refinery construction projects
• Permian Basin: Oil and gas construction and infrastructure projects
• East Texas: Industrial and manufacturing facility construction
• Border Areas: Infrastructure and trade-related construction

Infrastructure and Transportation Projects

• Highway Construction: TxDOT projects throughout the state
• Bridge and Infrastructure: Major infrastructure improvement projects
• Airport and Transportation: Aviation and transportation facility construction
• Utility Construction: Power generation and transmission projects

Contact Harper Law Firm for Your Texas Construction Accident Case

If you’ve been injured in a construction accident in Texas, don’t try to navigate the complex legal system alone. Construction accident cases involve multiple areas of law including workers’ compensation, personal injury, product liability, and federal safety regulations. You need experienced legal representation that understands these complexities and will fight for your rights.

Harper Law Firm has the experience and resources to handle complex construction accident cases against major contractors, insurance companies, and equipment manufacturers. We understand the construction industry, OSHA regulations, and the challenges facing injured workers.

What We Offer Injured Construction Workers

• Free Consultations to evaluate your case and explain your rights
• No Fees Unless We Win your case
• Experience with Workers’ Compensation and Third-Party Claims
• Knowledge of OSHA Regulations and Construction Safety Standards
• Resources to Take on Major Contractors and Insurance Companies
• Statewide Representation throughout Texas

Why Time Matters

Don’t delay in contacting us because:

• Evidence can disappear quickly from active construction sites
• Witness memories fade and workers move to different job sites
• OSHA investigations may be completed before you have legal representation
• Statutes of limitations and notice requirements can bar claims
• Early investigation often uncovers crucial evidence

Taking the First Step

Getting started is easy:

1. Call us for your free consultation
2. Bring available documents like accident reports and medical records
3. Tell us what happened and how you were injured
4. Learn about your rights under both workers’ comp and personal injury law
5. Get answers about the legal process and what to expect

Don’t let construction companies and insurance companies deny you the compensation you deserve. Construction workers have rights, and when those rights are violated, we’re here to fight for justice.

Call Harper Law Firm today for your free consultation. We’re here to protect your rights and help you get the compensation you need to move forward with your life.