A Houston construction accident lawyer represents construction workers, contractors, and families injured or killed on Texas job sites — from residential builds and commercial high-rises to highway projects and industrial expansions. At Amaro Law Firm, our attorneys handle third-party negligence claims, non-subscriber employer claims, and product liability cases arising from falls, struck-by injuries, trench collapses, crane accidents, electrocutions, and heat illness across Texas.
Construction is the deadliest industry in Texas. In 2024, the Texas Department of Insurance reported 125 construction worker fatalities — 24% of all private-sector workplace deaths in the state, the highest of any industry. Most Texas construction accident cases involve federal OSHA construction standards under 29 CFR 1926, third-party negligence claims against general contractors and equipment manufacturers, and — when the employer has opted out of workers’ compensation as a Texas non-subscriber — direct negligence claims against the employer with full tort damages. The Texas statute of limitations is two years from the date of injury under Civil Practice and Remedies Code § 16.003. Amaro Law Firm represents Texas construction accident victims on a contingency fee basis. You pay nothing unless we win your case.
Compiled by Amaro Law Firm — Texas-licensed trial attorneys serving Houston, Dallas, Austin, San Antonio, and construction workers across Texas. Spanish-language services available.
Call 713-352-7975 for a free, confidential consultation.
If You Were Hurt on a Texas Construction Site, You Are Not Alone
If you are reading this page, you are likely in one of three situations.
You were hurt on a job site — fell from a roof or ladder, were struck by falling material, caught in equipment, electrocuted, overcome by heat, or injured in a vehicle or equipment accident. You are now in inpatient care or recovering at home, wondering whether your only option is the workers’ compensation system or whether you have other claims.
Your spouse, parent, or child was killed on a Texas construction site. You are trying to understand your wrongful death rights and whether the general contractor, the property owner, or anyone other than your direct employer can be held responsible.
Or you are a contractor or subcontractor whose worker was hurt or killed, and you have been pulled into someone else’s lawsuit. You are not sure whether you have liability, whether your insurance will cover it, or whether the Texas Anti-Indemnity Statute changes anything.
This page answers the questions Texas construction workers and families ask most often. For the broader work injury framework, see our Texas Work Injury Lawyer hub page.
Texas Construction Injury Law: The Essentials
Four pieces of law shape every Texas construction accident case.
Statute of limitations. Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of injury to file a personal injury lawsuit. For wrongful death claims, the two-year clock runs from the date of death under § 71.004.
The Texas non-subscriber rule. Texas is the only state in the country that does not require employers to carry workers’ compensation insurance. Employers who opt out are called “non-subscribers.” When a non-subscriber’s employee is injured on the job, the worker can sue the employer directly for negligence — and under Texas Labor Code § 406.033, the non-subscriber employer loses three of the most important defenses available in ordinary negligence cases:
- Contributory negligence (the worker’s own fault does not reduce the recovery)
- Assumption of risk (the worker’s knowledge of the danger does not bar the claim)
- The fellow servant doctrine (a co-worker’s negligence does not protect the employer)
This makes non-subscriber cases substantially more favorable to injured workers than ordinary workplace negligence claims. Many construction employers — particularly small subcontractors — are non-subscribers, which dramatically changes the legal landscape.
Third-party negligence claims. Even when the direct employer is a workers’ compensation subscriber, the worker is not limited to comp benefits. Third-party claims against general contractors, other subcontractors, property owners, equipment manufacturers, and other parties remain available — with full tort damages including pain and suffering and lost future earning capacity.
The Texas Anti-Indemnity Statute. Texas Insurance Code §§ 151.101–151.105, enacted in 2011, limits the ability of construction contracts to push liability for one party’s own negligence onto another party. The Statute restricts broad indemnity clauses that historically required subcontractors to assume liability for the general contractor’s own negligence. The Statute does not apply uniformly to all construction contracts, but where it applies, it significantly affects how liability is allocated.
The OSHA Construction Focus Four
The federal Occupational Safety and Health Administration (OSHA) identifies four hazard categories that account for approximately 60% of all construction worker deaths in the United States. These are known as the “Fatal Four” or “Focus Four.” Federal OSHA construction standards at 29 CFR 1926 address all four directly, and OSHA citation records routinely show construction employers cited for related violations.
Falls (29 CFR 1926.501)
Falls from elevation are the leading cause of construction worker deaths year after year — and 29 CFR 1926.501, the fall protection standard, has been OSHA’s most-cited construction standard for more than a decade. Falls from roofs, scaffolding, ladders, structural steel, and aerial lifts produce the largest share of construction fatalities. OSHA generally requires fall protection at heights of six feet or more in the construction industry.
Struck-By
Struck-by injuries occur when workers are hit by falling, flying, swinging, or rolling objects. Examples include workers struck by falling materials from upper floors, struck by vehicles in work zones, struck by collapsing structures, and struck by swinging loads from cranes. Struck-by hazards are addressed throughout 29 CFR 1926 in standards governing material handling, vehicle operations, cranes, and personal protective equipment.
Caught-In or Caught-Between
Caught-in or caught-between injuries occur when workers are crushed, compressed, or pinned by machinery, equipment, collapsing structures, or moving objects. Trench cave-ins are among the most lethal caught-in hazards — trench collapse standards at 29 CFR 1926.651 and 1926.652 require protective systems for trenches deeper than five feet, but trench collapses continue to kill workers when those systems are not used.
Electrocution
Electrical hazards on construction sites include contact with overhead power lines, contact with energized circuits during electrical work, contact with damaged power tools, and arc flash incidents. OSHA’s construction electrical safety standards are at 29 CFR 1926.416 and the related subpart K provisions.
Common Construction Site Accident Scenarios
Beyond the Focus Four, Texas construction injuries arise from a wider range of recurring scenarios.
- Scaffold and ladder failures — collapsed or improperly erected scaffolding, ladders that slip, kick out, or fail
- Trench and excavation collapses — soil cave-ins that bury workers under thousands of pounds of material in seconds
- Crane accidents — boom collapses, dropped loads, swing-radius injuries, contact with power lines, and outrigger failures
- Heavy equipment accidents — bulldozers, excavators, forklifts, skid-steers, and aerial lifts
- Vehicle accidents in work zones — workers struck by vehicles passing through active work zones
- Forklift and material handling accidents
- Welding and cutting accidents — burns, eye injuries, fires, explosions in confined spaces with combustible vapors
- Silica and dust exposure — silicosis and other lung disease from cutting, grinding, and drilling concrete and stone
- Asbestos exposure — particularly in demolition and renovation work on older buildings
- Chemical exposure — solvents, adhesives, sealants, and coatings
- Confined space incidents — oxygen deficiency, toxic gas, engulfment
- Tool-related injuries — defective nail guns, saws, grinders, and other power tools
Texas Construction Heat Illness: A Major Job-Site Hazard
Texas summers produce some of the most dangerous heat conditions for construction workers in the United States. Heat-related illness includes heat exhaustion, heat stroke, and dehydration-related injuries — and severe heat stroke is a medical emergency that can be fatal within hours.
OSHA has maintained a National Emphasis Program on heat hazards since 2022, and in 2024 published a proposed federal rule that would require employers to implement heat illness prevention programs including rest breaks, shade, water, acclimatization protocols, and heat hazard alerts at specified temperature thresholds.
Heat illness cases in construction raise unique legal issues. Heat exposure is often gradual and cumulative, making the precise moment of injury harder to identify than a discrete accident. Many heat illness cases involve workers who were instructed to “push through” the heat, who were denied breaks or water, or who were not allowed to acclimatize after being assigned to outdoor work for the first time. Documented refusals to provide basic heat illness prevention can be strong evidence of negligence — and in non-subscriber cases, an especially strong basis for direct employer liability.
Who Can Be Held Liable in a Texas Construction Accident
Construction accident cases routinely involve multiple defendants — and identifying every potentially liable party is critical to maximizing the available insurance coverage.
- The direct employer — particularly when the employer is a Texas non-subscriber, allowing a direct negligence claim with the protections of Labor Code § 406.033
- The general contractor — for negligent supervision, failure to enforce safety standards on the site, and negligent selection of subcontractors
- Other subcontractors — when another sub’s worker, equipment, or conduct caused the injury
- The property owner — for premises liability where the owner retained control over the site or knew of a dangerous condition
- Equipment manufacturers — for design defects, manufacturing defects, or failure-to-warn defects in cranes, lifts, scaffolding, ladders, power tools, and safety equipment
- Crane and equipment operators — when a separate company provided the operator
- Architects and engineers — for negligent design that created dangerous site conditions
- Materials suppliers — for defective scaffolding components, fasteners, or other materials
- Inspection and certification firms — that signed off on unsafe conditions or equipment
The interaction between these potential defendants is complex. The Texas Anti-Indemnity Statute, joint and several liability rules, and the comparative responsibility framework under Civil Practice and Remedies Code Chapter 33 all affect how liability is ultimately allocated.
How Construction Defendants Defend These Claims
General contractors, equipment manufacturers, and their insurers have a well-developed defense playbook.
Workers’ compensation exclusive remedy (for subscribers). Where the direct employer is a workers’ comp subscriber, the comp bar limits direct claims against that employer. The defense will press this limitation hard. Third-party claims against all other defendants remain available.
“Independent contractor” arguments. Defendants argue the injured worker was an independent contractor rather than an employee — a distinction that affects which legal protections apply and which insurance policies respond.
“No retained control” defense. General contractors and property owners argue they did not retain sufficient control over the means and methods of the work to be liable for the subcontractor’s safety failures. Texas courts have developed extensive case law on what constitutes “retained control.”
“Borrowed servant” doctrine. When workers are loaned between contractors, defendants argue the worker was the “borrowed servant” of another company — shifting liability away from the actual employer.
Comparative responsibility. The defense argues the worker did not wear required PPE, did not follow safety procedures, or otherwise contributed to the injury. Under Civil Practice and Remedies Code Chapter 33, a worker found more than 50% responsible recovers nothing. Note: in non-subscriber cases under Labor Code § 406.033, ordinary contributory negligence is not a defense for the direct employer — though it can still apply to claims against third parties.
Anti-indemnity statute disputes. Defendants contest the application of the Texas Anti-Indemnity Statute to specific contract provisions, attempting to enforce indemnity arrangements the Statute restricts.
OSHA citation disputes. OSHA findings are not always admissible at trial in the same way they might appear, and defendants work to limit or exclude OSHA evidence.
Common Mistakes After a Texas Construction Accident
Five mistakes hurt construction accident cases more than any others.
- Signing forms in the hospital. Employer representatives or insurance adjusters may arrive at the hospital with releases, statements, or settlement papers. Sign nothing without legal review.
- Giving a recorded statement to company investigators, insurance adjusters, or OSHA without counsel present. Anything you say can be used against the claim.
- Not preserving scene and equipment evidence. Construction sites change daily. Equipment that caused the injury gets repaired, removed, or returned to the manufacturer. Photographs, witness contact information, and equipment preservation all need to happen immediately.
- Assuming workers’ comp is the only option. Many construction workers are told their only remedy is workers’ compensation. The truth depends on whether the employer is a subscriber, whether third parties contributed to the injury, and whether equipment or product defects are involved. Each question requires legal analysis.
- Waiting to consult counsel. Witnesses move between job sites. OSHA inspections close. Surveillance video gets overwritten. Equipment gets repaired or scrapped. The company’s lawyers and insurance investigators are already working — often within hours of the incident.
How Amaro Law Firm Handles Texas Construction Accident Cases
Our process is built around the unique evidence demands and legal complexity of construction litigation.
Step 1: Investigation. We obtain the OSHA inspection file (where one exists), the police accident report, witness statements, scene photographs, and any company incident reports that have not been classified as privileged.
Step 2: Subscriber/non-subscriber analysis. We determine whether the direct employer is a Texas workers’ compensation subscriber — a threshold question that determines whether direct employer claims are available under Labor Code § 406.033.
Step 3: Evidence preservation. We send formal spoliation letters demanding preservation of equipment involved in the injury, scaffolding components, fall protection equipment, vehicles, tools, safety logs, training records, and any video footage of the incident.
Step 4: Multi-party liability mapping. We identify every entity in the site contract chain — general contractor, all subcontractors, property owner, architect, engineer, equipment manufacturers, and others — that may share fault.
Step 5: Contract and insurance review. We review construction contracts, additional-insured endorsements, indemnity provisions, and Anti-Indemnity Statute applicability to identify all available insurance coverage.
Step 6: Expert engagement. Construction cases require accident reconstructionists, structural engineers, crane experts, OSHA compliance specialists, life-care planners, and economists. We engage the right experts and front those costs.
Step 7: Negotiation and litigation. We present a documented demand to each defendant and their insurer. When fair compensation is refused, we file suit in Texas state or federal court and prepare every case as if it will be tried.
Why Choose Amaro Law Firm for Your Texas Construction Accident Case
- Trial attorneys, not settlement mills. Our litigators have experience taking cases through state district courts, federal courts, and the Texas Courts of Appeals.
- Resources for construction litigation. Construction cases require accident reconstructionists, OSHA experts, equipment specialists, and economic damages experts. We front those costs.
- Houston-based. Our principal office is in Houston, with attorneys familiar with Harris County district courts and the federal courts in the Southern District of Texas.
- Spanish-language services. Our firm provides Spanish-language case consultations and client communication through Abogado Amaro, recognizing that a significant share of Texas construction workers and their families communicate primarily in Spanish.
- No fee unless we win. Our construction accident lawyers work on a contingency fee basis. You pay nothing unless we recover compensation for you.
- 24/7 availability. Construction incidents do not wait for business hours. We respond around the clock.
Recent Construction, Catastrophic Injury, and Wrongful Death Case Results
[INSERT 3 CASE RESULTS — CONSTRUCTION, CATASTROPHIC INJURY, OR WORK INJURY — WITH SETTLEMENT/VERDICT AMOUNTS, INJURY TYPE, AND BRIEF FACTS]
Past results do not guarantee future outcomes. Each case is evaluated on its individual facts.
Houston Construction Accident FAQ
How long do I have to file a Texas construction accident lawsuit?
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of injury to file a personal injury lawsuit. For wrongful death claims, the two-year clock runs from the date of death under § 71.004.
What is the Texas non-subscriber rule?
Texas is the only state in the country that does not require employers to carry workers’ compensation insurance. Employers who opt out are called non-subscribers. When a non-subscriber’s employee is injured on the job, the worker can sue the employer directly for negligence — and under Texas Labor Code § 406.033, the non-subscriber employer loses three of the most important defenses available in ordinary negligence cases: contributory negligence, assumption of risk, and the fellow servant doctrine. Many construction employers, particularly small subcontractors, are non-subscribers.
Can I sue the general contractor if my employer was a subcontractor?
Often, yes. Third-party claims against general contractors, other subcontractors, property owners, equipment manufacturers, and other parties remain available even when the direct employer is a workers’ compensation subscriber. The general contractor’s liability typically depends on whether the GC retained control over the means and methods of the work, whether the GC knew of the dangerous condition, and whether the GC failed to enforce safety standards on the site.
What is the OSHA Focus Four?
The OSHA Focus Four (or Fatal Four) are the four hazard categories that account for approximately 60% of all construction worker deaths in the United States: falls, struck-by injuries, caught-in or caught-between injuries, and electrocutions. Federal OSHA construction standards at 29 CFR 1926 address all four directly, and OSHA citation records routinely show construction employers cited for related violations.
Can I sue for heat-related injuries on a Texas job site?
Yes, where heat illness was caused by employer negligence. Many heat illness cases involve workers who were instructed to push through the heat, who were denied breaks or water, or who were not allowed to acclimatize after being assigned to outdoor work for the first time. Documented refusals to provide basic heat illness prevention can be strong evidence of negligence — and in non-subscriber cases, an especially strong basis for direct employer liability.
What if my coworker caused the accident?
This depends on whether your employer is a Texas workers’ compensation subscriber. Under the non-subscriber rule, the fellow servant doctrine is not a defense — a coworker’s negligence does not protect the employer from direct liability. For subscribers, the analysis is more complex and typically focuses on whether third parties (general contractor, other subcontractors, equipment manufacturers) also contributed to the injury.
How much does a Houston construction accident lawyer cost?
Amaro Law Firm handles Texas construction accident cases on a contingency fee basis. You pay nothing unless we win your case. There are no upfront costs and no hourly fees. Our fee is a percentage of the recovery, agreed to in writing before we start.
What if my loved one was killed on a Texas construction site?
Surviving spouses, children, and parents may file a wrongful death claim under Texas Civil Practice and Remedies Code § 71.002. Damages may include lost financial support, lost companionship, mental anguish, and funeral expenses. The estate may also bring a survival claim for the decedent’s pre-death pain and suffering and medical bills.
What is the Texas Anti-Indemnity Statute?
Texas Insurance Code §§ 151.101–151.105, enacted in 2011, limits the ability of construction contracts to push liability for one party’s own negligence onto another party. The Statute restricts broad indemnity clauses that historically required subcontractors to assume liability for the general contractor’s own negligence. The Statute does not apply uniformly to all construction contracts, but where it applies, it significantly affects how liability is allocated.
Talk to a Houston Construction Accident Lawyer Today
If you or a loved one was hurt in a Texas construction accident, time is working against you. Construction sites change daily. Equipment gets repaired or removed. Witnesses move between job sites. OSHA inspections close. The general contractor’s lawyers and insurance investigators are already working.
Amaro Law Firm offers free, confidential consultations. We will review your case, explain your options, and tell you honestly whether we believe we can help. You pay nothing unless we win your case.
Call 713-352-7975 or request a free case review online.