Texas Construction Accident Lawyer
A Texas construction accident lawyer helps injured workers recover far more than workers’ compensation alone by pursuing nonsubscriber and third-party personal injury claims against the contractors, owners, and manufacturers responsible. The law firm represents injured construction workers and families statewide and offers free consultations.
Trey Barton is licensed in all state, district, and county courts as well as the U.S. District Court for the Southern District of Texas. Since 2020, the firm has secured over $60 million for injured clients, and it handles every construction accident case on a contingency-fee basis – no fee unless we win.
For personal injury representation in Houston and throughout Texas, call 832-916-2526 or request a free consultation with a Texas construction accident attorney.
How Common Are Construction Accidents in Texas?
The construction industry is one of the deadliest industries. Slips and falls are the most common cause of fatal injuries, according to the Texas Department of Insurance and the Bureau of Labor Statistics. Construction fatalities account for ~one in five worker deaths in the state.
Texas construction worker fatalities, 2021–2024
| Year | Texas construction fatalities | Share of all Texas workplace deaths |
|---|---|---|
| 2024 | 128 | 23% |
| 2023 | 126 | 22% |
| 2022 | 141 | 24% |
| 2021 | 127 | 24% |
Source: Texas Department of Insurance, Division of Workers’ Compensation / U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries (2024 report).
Most Common Causes of Construction Site Accidents in Texas
The most common causes of construction site accidents are preventable, tracing back to negligence, faulty equipment, or unsafe practices. The Occupational Safety and Health Administration requires employers to secure permits and maintain safe worksites. However, cost-cutting, rushed schedules, and overall unsafe working conditions continue to put construction workers at risk of serious injuries.
Common causes include:
- Inadequate training
- Poor safety precautions and oversight
- Harness failures
- Failure to follow safety procedures when building structures
- Falling debris, materials, tools, or other objects
- Improper use or maintenance of equipment/machinery
- Compressed gases
- Mechanical hazards
- Toxic substances
- Defective equipment
- Failure to prepare for weather elements
OSHA Fatal Four
The Occupational Safety & Health Administration notes four common types of accidents occurring within the construction industry. These “Fatal Four” cause the majority of fatalities. Slips and falls lead by a wide margin. Non-compliance with protective gear/fall protection has topped the most-cited OSHA regulation violation for over a decade. Despite the safety standards in place, falls remain the leading cause of death.
Our Texas construction accident attorneys handle all serious accidents.
| Hazard | Share of construction deaths | What it covers & typical Texas job-site example |
|---|---|---|
| Falls | 35.2%–39% | The leading cause of construction deaths — unprotected edges, roofs, scaffolding, and ladders. Example: a fall from an unguarded high-rise floor or an improperly built scaffold. |
| Struck-By | 16.8% | Flying, falling, swinging, or rolling objects. Example: being hit by heavy machinery, a swinging crane load, or tools dropped from above. |
| Electrocution | 7.5% | Contact with overhead power lines, exposed wiring, or poorly maintained tools. Example: a crew contacting an energized line while moving equipment. |
| Caught-In / Between | 5.7% | Trench cave-ins, clothing or limbs caught in machinery, or being crushed between shifting objects. Example: a trench collapse or a worker pinned between equipment. |
Texas Aerial Lift Construction Accident
Aerial lifts accidents on construction sites, involving boom lifts, scissor lifts, and cherry pickers, commonly result from tip-overs, electrocution, structural collapse, or workers being ejected or crushed. These cases often result from inadequate training, not following safety protocols (not using fall-arrest systems or overloading platforms), or defects tied to poor maintenance. Many aerial lift injuries involve equipment manufacturers or rental providers alongside general contractors. This means liability can extend beyond a worker’s direct employer, opening the door to a personal injury claim in addition to benefits. Our Texas aerial lift construction accident attorney team helps injured workers and families conduct prompt investigations of maintenance logs, training records, and OSHA citations to preserve evidence before it’s lost or altered.
Other Common Types of Construction Accidents
Our Texas construction accident lawyers represent clients hurt in rollovers, rigging failures, and structural collapses on jobs of every size. Many cases involve multiple contractors and malfunctioning equipment. Construction injury claims for heavy machinery accidents in Texas open recovery from equipment manufacturers and others at fault.
- Forklift and crane accidents
- Hoist accidents
- Welding accidents
- Cell tower accidents
- Falls from heights (buildings, rooftops, scaffolding, etc.)
- Electrocutions (both electricians and bystanders)
- Rigging and hoisting failures
- Scaffolding accidents and structural collapses
- Bulldozer, dump truck, and heavy vehicle accidents
- Excavation and trench collapses
- Explosions and fires
- Chemical plant construction accidents
- Industrial equipment accidents
- Construction maintenance, shutdown, and turnaround accidents
A construction injury lawyer from our team will work tirelessly to ensure you receive the justice and compensation you deserve.
Most Common Injuries for Construction Workers in Texas
Common construction accidents result in life-altering injuries because of the risks associated with heights, heavy objects, falling debris and construction materials, power tools, and other workplace hazards involved. Crushing injuries, back injuries, and traumatic brain injuries are some of the most common injuries suffered in this deadly industry. These injuries require years of medical treatment and permanently reduce the employee’s earning capacity, which is exactly why full compensation matters so much.
- Amputations
- Crush injuries
- Traumatic brain injuries
- Severe burns
- Internal injuries & organ damage
- Neck & back injuries
- Spinal cord injuries & paralysis
- Broken bones/fractures
- Toxic exposure injuries and fatalities
- Catastrophic and permanent disability
- Fatal injuries, giving families the right to pursue wrongful death claims in Texas
Who Can Be Held Liable for a Texas Construction Site Accident?
Responsibility for an employee injured in a construction incident often extends well beyond the employer. Anyone who controlled the site, directed the labor, didn’t provide proper training, allowed unsafe practices, or supplied defective power tools/machinery can be held responsible. Identifying every person liable is typically the difference between limited income and medical treatment benefits and full recovery.
Third-Party Liability Claims
Third-party liability cases are helpful in providing fair settlements and jury verdicts. They aren’t barred against parties other than employers and don’t carry economic damage caps. When multiple companies share a job site, several may share fault.
| Potentially liable party | Basis of liability |
|---|---|
| Construction site owners | Liability often turns on the degree of control the owner kept over the premises and the work being performed. |
| General & sub-contractors | Under OSHA, they have a duty to provide a reasonably safe worksite and warn of hazards; failing that duty can support a claim. |
| Prime contractors | Responsible for the work identified in their contracts, including work delegated to subcontractors they exclusively control. |
| Architects & engineers | May be liable when their contract assigned them duties tied to worker safety on the project. |
| Manufacturers | Any party in a defective product’s chain of distribution — maker, wholesaler, or retailer — can be liable when the defect causes injury. |
Sorting overlapping duties takes a thorough investigation into contracts, control, and complex/heavy machinery. Our construction injury attorneys provide industrial accident representation across Texas.
Workers’ Compensation vs Third-Party Liability in Construction Accident Cases
Under Texas law, employers aren’t required to carry workers’ compensation insurance, meaning employees lose the right to sue them in personal injury lawsuits. Understanding whether the construction company is a “subscriber” or “nonsubscriber” and whether a third party contributed determines your legal options. Additionally, the state follows a modified comparative negligence rule for damages. As long as you’re not more than 50% responsible, you can still seek damages.
| Claim path | When it applies | What you can recover | Key limitation |
|---|---|---|---|
| Workers’ comp (subscriber employer) | Your employer carries workers’ compensation insurance. | No-fault medical benefits and a portion of lost wages, without proving negligence. | Bars most injury suits against the employer; no pain-and-suffering. Families may still pursue wrongful death for gross negligence. |
| Nonsubscriber claim | Your employer opted out of workers’ comp (legal only in Texas). | Full negligence damages directly from the employer, including pain and suffering. | You must show the employer’s negligence contributed, but the employer loses key common-law defenses. |
| Third-party claim | A contractor, site owner, or manufacturer contributed to your injury. | Full tort damages with no cap on economic losses - available alongside any comp benefits. | Requires identifying and proving fault against parties other than your employer. |
Nonsubscribing employers forfeit three powerful defenses: contributory negligence, assumption of risk, and the fellow-employee doctrine. Employees only need to prove that the employer contributed to their injury. Workers’ comp benefits cover a fraction of what a personal injury claim can.
Our construction site injury attorneys work diligently to hold all responsible parties accountable.
Our Texas Construction Site Accident Attorneys Seek Full Compensation For Injured Workers & Families
When construction site accident cases come to a successful resolution, what can victims expect?
Our Texas construction site accident attorneys help recover damages for both financial and non-economic losses.
- Past and future medical costs
- Lost wages
- Loss of future earning capacity
- Rehabilitation and therapy
- Out-of-pocket and household expenses
- Pain and suffering
- Mental anguish
- Loss of consortium
- Disfigurement and disability
- Loss of enjoyment of life
In cases involving gross negligence, punitive damages may also be available. Third-party claims carry no cap on economic damages.
While lost income and medical expenses can be calculated, there isn’t a price tag for non-economic damages. Insurance companies exploit this to justify low settlement offers. Experienced representation, supported by medical records and experts, is what turns losses into documented, defensible demands, especially for catastrophic injuries, like crushing injuries or other permanent disabilities.
Deadline for Filing a Construction Accident Lawsuit in Texas
Under Texas law § 16.003, victims have two years from the date of injury/death to file a lawsuit. Missing this date means you cannot recover compensation, no matter how strong your case.
Workers’ compensation claims must be reported within 30 days and filed within one year.
For occupational diseases and conditions, the discovery rule can delay the statute of limitations.
For construction injury claims against the goverment, you must file a notice within 180 days of the incident. Some entities require shorter notice periods.
Exceptions can shorten the deadline dramatically. Speak with a Texas construction accident attorney early.
Representing Injured Construction Workers Across Texas
If you’ve been injured in a construction accident, our law firm provides legal services across the state. Below are the regions widely considered the most dangerous and concentrated. To learn more, contact a Texas construction accident lawyer for a free case evaluation.
Houston-Area Construction Injuries
Houston construction projects are some of the most dangerous in the state. Between building and expansions, Houston Ship Channel accidents are almost constant. Jobs involving multiple construction companies and subcontractors often mean several defendants share responsibility. Houston construction accident claims are handled in Harris County courts, and the region’s Level I trauma care at Memorial Hermann treats the most catastrophic injuries.
Contact a Houston construction accident attorney to discuss your legal options for recovering damages.
Construction Accident Lawyer Dallas-Fort Worth
DFW is one of the country’s fastest-growing markets. Our Dallas construction accident lawyers understand how new terminals, patient towers, data centers, and downtown high-rises rising on compressed schedules lead to safety lapses and faulty equipment. The region’s most severe injuries are stabilized at Parkland Memorial Hospital, a Level I trauma center. These stacked, multi-company sites often open recovery well beyond standard benefits. Our Dallas construction accident lawyer team is licensed statewide and helps DWF victims ensure all responsible parties are held liable.
San Antonio Construction Accident Lawyer Serving Bexar County
San Antonio’s building boom keeps crews on scaffolds, lifts, and elevated structures. Cases move through the Bexar County courts, with Level I trauma care at University Hospital. Our San Antonio construction accident attorneys also serve the corridor between San Antonio and the coast, including Seguin, Luling, Cuero, and Gonzales County.
Austin Construction Accident Attorney Serving Travis & Williamson Counties
Demanding schedules on structural steel, tilt-wall, and scaffold work are exactly where safety regulations are missed. Travis County courts hear the resulting claims, and Dell Seton Medical Center at UT provides Level I trauma care. Our Austin construction accident lawyers provide representation throughout the Austin corridor, including Bastrop, Smithville, Giddings, La Grange, Bastrop County, and Caldwell County.
Fort Bend County & the I-10 / US-90 Corridor
With projects and service work spreading across Sugar Land, Richmond, and Rosenberg, personal injury accidents in Fort Bend County are common. Our Fort Bend County construction accident lawyers assist construction workers throughout the surrounding corridor, including Richmond, Rosenberg, Sealy, Columbus, Bellville, Weimar, Schulenburg, and Hallettsville.
Coastal & West Texas Industrial Corridors
Some of the most dangerous construction projects occur on the state’s industrial edges, where risks combine height, heavy machinery, toxic exposure, and other hazardous working conditions.
- The Permian Basin (Midland/Odessa): Pipeline, refinery, and facility work across creates an extreme environment for specialty crews. If you’ve been injured in a construction accident in this dangerous area, our Midland and Odessa industrial injury representation can help secure fair compensation.
- Brazoria County & the Gulf Coast: LNG and chemical-refining construction projects are some of the most dangerous and pose significant risk for explosions and chemical exposure. Our personal injury lawyers handle Brazoria County injury claims and refinery-corridor construction accidents.
Cities we serve
Why Injured Workers Choose Trey Barton’s Texas Construction Accident Law Firm
Injured parties choose the personal injury attorneys at Trey Barton’s law firm because we prepare every case as if it is going to trial. This forces insurance companies to offer fair settlements. Our construction accident law firm has secured over $60 million for clients since 2020.
That trial-first approach is backed by real resources: the firm fronts investigation and expert witness costs and works on contingency. The firm’s work has earned recognition, including Super Lawyers and Rising Stars honors. Learn more about the firm and Trey Barton.
Frequently Asked Questions
How to report construction site accidents in Texas?
To report a construction site accident, notify your supervisor in person as soon as possible, then put it in writing: an email, incident form, or signed statement, describing what happened, when, where, and who witnessed it. Ask for a copy. Notify your employer within 30 days to protect a workers’ compensation claim.
What to do after a construction accident at work?
The following steps can help protect your legal rights and health in the aftermath of a construction accident:
- Report the incident to your supervisor and make sure it is documented in writing.
- Seek medical attention immediately. Tell the physician exactly how the injury happened.
- Photograph the construction site, machinery, and hazardous conditions, and collect witness contact information.
- Don’t speak to the insurance company before discussing your legal options with a construction accident attorney.
- Preserve your protective gear, PPE, and any malfunctioning equipment as evidence.
- Contact a Texas construction accident lawyer immediately so we can gather evidence well before the statute of limitations runs out.
How do I compare construction injury attorneys?
To get the best construction injury attorney, look for legal teams with extensive experience in trials, the resources to hire experts and litigate against large insurance companies, and a track record in construction accident claims specifically. The best lawyers work to hold all responsible parties accountable, not just the construction company.
Can I file a claim if I received workers' compensation benefits?
Yes. Accepting workers’ compensation benefits does not bar you from filing a personal injury lawsuit against subcontractors, property owners, equipment manufacturers, or others whose negligent actions contributed to a serious injury. Because workers’ compensation benefits don’t cover the full extent of harm, a lawsuit is the best way to get the compensation you deserve.
Can I sue my employer if I'm injured at a construction site?
It depends on whether they carry workers’ compensation insurance. “Subscribers” are typically shielded from personal injury lawsuits, but “nonsubscribers” can be sued directly. Even when construction companies are protected, third-party liability may apply.
To discuss your legal options with a construction site injury attorney, call 832-916-2526.
What if the construction worker died on the job?
When a construction worker dies on the job, families may file a wrongful death lawsuit against negligent third parties and a grossly negligent employer, in addition to workers’ compensation claims. Pursuing a construction accident claim outside of the workers’ compensation insurance system offers fairer compensation.
How much does a Texas construction accident lawyer cost?
Nothing upfront. Our personal injury lawyers work on a contingency-fee basis. This means our law firm fronts all investigation and expert expenses and collects a fee only if it recovers compensation for you. If we don’t win, you owe us nothing.
Contact a Texas Construction Accident Attorney For a Free Consultation
If you were hurt or a loved one died in a construction site accident, our attorneys can help ensure you don’t settle for less than you deserve. We assist injured parties statewide and handle all construction accident claims on contingency. You owe nothing unless we win. For a free consultation, call 832-916-2526 or use the contact form.Practice Areas
Serving These Cities & Counties in Texas
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Our experienced Houston personal injury attorneys want to get to know you and understand your unique situation. We offer a free, no-obligation consultation. You don’t pay unless your case is won.
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No Fee Unless You Win
Trey Barton understands the hardships injured people and their loved ones face as they try to heal from their accident. Every case is prepared as if it is going to trial. This gives you the best opportunity to obtain a fair recovery for your case, and ensures I am positioned to take the case to trial if the insurance company does not give you the money you deserve.