Houston Construction Accident Lawyer | Texas Legal Giants
Houston is one of the largest construction markets in the United States, and construction workers injured on Texas job sites often have claims that go far beyond workers’ compensation — against general contractors, property owners, and equipment manufacturers. Houston is one of the largest construction markets in the United States — and construction workers are among the most seriously injured workers in Texas. If you were hurt on a construction site by a general contractor’s negligence, a subcontractor’s actions, a defective tool or piece of equipment, or an unsafe site condition, you may have a personal injury claim that goes far beyond workers’ compensation.
Texas is one of the only states where private employers can legally opt out of workers’ compensation. Many construction companies are non-subscribers — meaning their workers have no workers’ comp coverage but also retain the full right to sue for damages. Even for workers who do have workers’ comp, a third-party personal injury claim against the general contractor, property owner, or equipment manufacturer may be available. Attorney BJ Kemp evaluates both paths. Free consultation — no fee unless we win.
- Third-party claims: Even if you have workers’ comp, you may have a separate PI claim against the general contractor, a subcontractor, property owner, or equipment maker — and those claims have no workers’ comp damage caps.
- Non-subscriber employers: Texas construction companies that opt out of workers’ comp lose most of their legal defenses in a personal injury lawsuit — making these cases significantly stronger for injured workers.
- OSHA Fatal Four: Falls, struck-by-object, electrocution, and caught-in/between accidents account for more than 60% of construction fatalities nationwide. All are actionable under Texas law.
The OSHA Fatal Four — Most Common Serious Construction Accidents in Houston
OSHA data shows these four hazard categories account for the majority of construction fatalities in Texas.
Falls from scaffolding, ladders, roofs, elevated work platforms, and floor openings. OSHA’s 29 CFR 1926 Subpart M mandates fall protection for work at heights of 6 feet or more in construction. General contractors who fail to enforce fall protection requirements face significant liability.
Workers struck by falling objects from upper floors, swinging crane loads, backing construction vehicles, or projectiles from power tools. General contractors and subcontractors share responsibility for overhead protection and vehicle safety protocols.
Construction workers frequently work near energized power lines, unfinished electrical systems, and temporary wiring. OSHA’s electrical standards require lockout/tagout procedures and proper grounding. Utility companies and general contractors can share liability for electrical fatalities.
Who Can Be Held Liable for a Texas Construction Site Accident
General Contractor
The GC has overall responsibility for site safety under OSHA standards and Texas common law. If the GC failed to enforce safety rules, maintain safe site conditions, or properly supervise subcontractors, it can be held liable for injuries to any worker on the site — including workers employed by subcontractors.
Subcontractors
Subcontractors are responsible for their own workers and their own work areas. A subcontractor who creates a dangerous condition — an unsecured trench, an improperly rigged load, an unmarked electrical hazard — can be held liable for injuries to other workers caused by that condition.
Property Owner
The owner of the property where construction is occurring can bear liability under Texas premises liability law if they retained control over the work or the premises, directed the manner of work, or had knowledge of a dangerous condition and failed to address it.
Equipment Manufacturers
Defective scaffolding, power tools, cranes, forklifts, and personal protective equipment that fail in use can give rise to product liability claims against the manufacturer or distributor — entirely separate from the employer’s liability.
Staffing Agencies
Temporary workers placed by staffing agencies on construction sites may have claims against both the staffing agency (employer) and the construction company (borrowing employer) when inadequate training or supervision leads to injury.
Architects & Engineers
Design professionals whose plans specify unsafe construction methods, inadequate structural support, or insufficient safety systems can face professional liability claims when workers are injured as a result of a design defect.
What Is a Non-Subscriber Employer in Texas Construction?
Texas is one of the few states that does not require private employers to carry workers’ compensation insurance. Construction companies that opt out of workers’ comp are called ‘non-subscribers.’ If you work for a non-subscriber and are injured on the job, you retain your full right to sue in civil court — and the employer loses most of its standard legal defenses, including contributory negligence.
This makes non-subscriber construction injury claims particularly valuable for injured workers. The employer cannot argue that you were partially at fault, that a coworker caused the accident, or that the risk was inherent to the job. You only need to prove that the employer was negligent — and that their negligence caused your injury. Many major Houston construction companies are non-subscribers. We verify this status at intake.
Damages Available in a Texas Construction Accident Case
Medical Expenses — Past and Future
All treatment costs from emergency care through surgery, hospitalization, physical therapy, and projected future medical needs — including lifetime care costs for permanent injuries.
Lost Wages and Earning Capacity
Income lost during recovery and, for workers who cannot return to their trade due to permanent injury, the projected loss of future earning capacity over the remainder of their working life.
Physical Pain and Suffering
Texas allows full recovery for the physical pain experienced from the injury through recovery — including pain from multiple surgeries, physical therapy, and chronic pain conditions.
Mental Anguish
Psychological suffering, PTSD, depression, and anxiety resulting from a traumatic construction accident — particularly those involving witnessed deaths of coworkers.
Punitive Damages
Available when the general contractor or employer acted with gross negligence — such as knowingly ignoring OSHA violations that were previously cited, or requiring workers to work under conditions where severe injury was substantially certain to occur.
Common Construction Site Injuries We Handle
Scaffold and Platform Collapses
Scaffolding failures that drop workers from height — often caused by improper assembly, overloading, or inadequate bracing. OSHA Subpart L sets detailed scaffold safety standards that GCs and scaffold companies are required to follow.
Trench and Excavation Cave-Ins
Unprotected trenches can collapse with little warning. OSHA Subpart P requires protective systems for excavations deeper than 5 feet. Trench collapses are almost always preventable — and almost always result from cost-cutting by the contractor.
Crane and Rigging Accidents
Crane tip-overs, dropped loads, and rigging failures on Houston construction sites can cause mass-casualty events. Crane operators, riggers, and the contractor who selected and maintained the equipment share liability.
Forklift and Construction Vehicle Accidents
Struck-by and run-over accidents involving forklifts, dump trucks, concrete mixers, and other heavy vehicles on active construction sites — particularly when proper spotters are not deployed.
Power Tool Injuries
Angle grinders, nail guns, circular saws, and other power tools that malfunction, lack guards, or are used without proper training cause serious hand, eye, and face injuries on Houston construction sites.
Toxic Exposure — Silica, Asbestos, Lead
Older Houston construction sites — renovations, demolitions, and industrial projects — frequently involve exposure to silica dust, asbestos-containing materials, and lead paint. Chronic exposure without proper respiratory protection causes serious long-term health conditions.
Hurt on a Houston Construction Site? Call Us Today.
Construction accident claims involve multiple liable parties, OSHA compliance questions, and complex insurance structures. Texas Legal Giants investigates every angle — from general contractor negligence to equipment defects to non-subscriber employer claims. Free consultation, no fee unless we win.
Frequently Asked Questions
Common questions from injured construction workers in Houston.
Generally, workers’ comp is the exclusive remedy against your direct employer if they are a subscriber. However, you can still sue third parties — the general contractor, property owner, a subcontractor, or an equipment manufacturer — whose negligence contributed to your injury. These third-party claims have no workers’ comp damage limitations and can recover pain and suffering and full future damages.
If your employer opted out of Texas workers’ comp, you have the full right to sue them in civil court. Non-subscriber employers lose most of their standard legal defenses — including contributory negligence and the fellow-servant rule — making these cases substantially easier for injured workers to win.
Texas CPRC §16.003 gives you 2 years from the date of the injury to file a personal injury lawsuit. Product liability claims against equipment manufacturers are also generally 2 years. OSHA incident reports and employer records are most easily obtained immediately after the accident — waiting significantly weakens your evidence.
Photograph the scene, your injuries, and any equipment involved before anything is moved or repaired. Identify coworkers who witnessed the accident and get their contact information. Request copies of the OSHA incident report and the employer’s internal accident investigation. Do not give a recorded statement to the general contractor’s insurance company without an attorney.
Texas modified comparative fault (CPRC Ch. 33) allows you to recover as long as you are 50% or less at fault. Your recovery is reduced by your fault percentage. Non-subscriber employers cannot raise contributory negligence as a defense at all.
If a coworker’s negligence caused your injury, you generally cannot sue the coworker directly (workers’ comp covers co-employee liability). However, the employer — if a non-subscriber — and any third parties involved remain fully liable. We identify every available source of recovery at intake.
Related Practice Areas
BJ Kemp — Texas Personal Injury Attorney
Texas State Bar #24116608 · Texas Legal Giants · 4151 Southwest Freeway, Suite 501, Houston, TX 77027
BJ Kemp represents construction workers and their families injured on Houston job sites. We investigate every responsible party — from the general contractor to the equipment manufacturer — to build the strongest possible claim. Call Texas Legal Giants for a free consultation. Call (346) 971-7333 for a free, confidential consultation. No fee unless we win.