Key Takeaway

If you were injured on a Houston construction site, you may have a third-party claim against the general contractor, property owner, or equipment manufacturer — worth 3-10x more than workers comp alone. Texas has a 2-year filing deadline.

Houston Construction Accident Lawyer

Houston's construction industry employs over 230,000 workers across commercial, industrial, and infrastructure projects. Construction has the highest fatality rate of any sector in Texas — with falls, struck-by incidents, and electrocution accounting for more than 60% of on-site deaths. If a third party caused or contributed to your injury, you may have a claim that pays significantly more than workers compensation alone.

Your Legal Rights After a Construction Accident in Texas

Texas law provides two distinct paths for injured construction workers. Under Texas Labor Code Chapter 408, workers compensation covers medical expenses and partial wage replacement — but explicitly excludes pain and suffering, full lost wages, and future earning capacity. Benefits are capped at $1,271 per week for a maximum of 104 weeks.

The second path is a third-party personal injury claim. If any party other than your direct employer contributed to your injury — the general contractor who controlled site safety, a property owner who failed to address known hazards, an equipment manufacturer whose product was defective, or a subcontractor whose negligence created dangerous conditions — you can file a separate civil lawsuit with no damage caps.

For employers who opt out of workers compensation (approximately 25% of Texas employers under Texas Labor Code Chapter 406), injured workers can sue the employer directly — and the employer loses its most powerful defenses: contributory negligence, fellow servant doctrine, and assumption of risk.

The statute of limitations for personal injury claims in Texas is 2 years from the date of injury under Texas Civil Practice and Remedies Code Section 16.003. Texas applies a modified comparative fault rule — you can recover damages as long as you are less than 51% responsible for the accident, with your award reduced by your percentage of fault.

Common Causes of Construction Accidents in Houston

OSHA's “Focus Four” hazards — falls, struck-by objects, electrocution, and caught-in/between — account for the majority of construction fatalities nationwide. In Houston's rapid-growth market, these hazards multiply across high-rise commercial projects, petrochemical facility expansions, highway construction along I-10 and I-45, and residential developments throughout Harris County.

Falls from height remain the leading cause of death in construction. Scaffolding failures, unguarded floor openings, and missing tie-off points violate 29 CFR 1926 Subpart M (Fall Protection). Crane collapses and struck-by incidents are common during Houston's steel erection and heavy-lift operations. Trench cave-ins kill workers in excavation projects where shoring or trench boxes are absent — a violation of 29 CFR 1926 Subpart P (Excavations). Electrocution occurs from contact with overhead power lines, improper lockout/tagout, and faulty temporary wiring.

When these accidents result from a general contractor's failure to enforce safety standards, a property owner's known hazards, or a manufacturer's defective equipment, the injured worker has a third-party claim that goes beyond workers compensation.

Houston Construction Safety Record

OSHA Enforcement Data — Houston Construction Employers

0

employers with violations

0

OSHA inspections

$0

in total penalties

This is not bad luck — it is a pattern. Houston construction employers with repeated OSHA violations create the conditions for preventable injuries.

Search your employer safety recordFind out what your claim could be worth

What Your Construction Accident Claim Could Be Worth

Third-party construction accident claims bypass the workers compensation cap of $1,271/week (maximum 104 weeks). Instead, you recover full damages based on actual losses:

  • Moderate injuries (broken bones, soft tissue, partial disability): $150K-$500K
  • Severe injuries (spinal damage, traumatic brain injury, amputation): $500K-$2M+
  • Fatal accidents (wrongful death claims by surviving family): $1M-$5M+

These ranges include pain and suffering, full lost wages, future earning capacity, medical costs (past and future), and punitive damages when OSHA violations demonstrate gross negligence. Most Houston construction accident attorneys work on contingency — you pay nothing unless they recover for you.

Construction Accident FAQ

How much is a construction accident claim worth in Texas?
Construction accident claims in Texas vary widely based on injury severity. Workers comp alone typically pays $20K-$50K, but third-party claims against general contractors, property owners, or equipment manufacturers regularly settle between $150K and $2M+ for serious injuries. Fatal construction accidents can result in wrongful death claims of $1M-$5M or more.
Can I sue if I was injured on a construction site in Houston?
Yes. Even if you receive workers comp, you can file a separate third-party lawsuit against any party other than your direct employer whose negligence caused your injury. Common defendants include the general contractor, property owner, equipment manufacturer, or subcontractors. If your employer is a non-subscriber (no workers comp), you can sue them directly under Texas Labor Code Chapter 406.
What is the statute of limitations for a construction accident in Texas?
Texas Civil Practice and Remedies Code Section 16.003 sets a 2-year statute of limitations for personal injury claims, including construction accidents. The clock starts on the date of injury. Workers comp injuries must be reported to your employer within 30 days under Texas Labor Code Section 409.001. Acting quickly preserves evidence and witness testimony.
Do I need a lawyer for a construction site injury?
For minor injuries covered entirely by workers comp, you may not need an attorney. However, if a third party contributed to your injury, if your employer is a non-subscriber, or if your injuries are severe, an attorney can identify all liable parties and recover full damages including pain and suffering that workers comp does not cover. Most construction accident attorneys work on contingency, meaning you pay nothing unless they win.
What if my employer does not have workers compensation?
Texas is the only state where employers can opt out of workers compensation. About 25% of Texas employers are non-subscribers according to the Texas Department of Insurance. If your construction employer does not carry workers comp, you can sue them directly for negligence, and they lose key legal defenses including contributory negligence, fellow servant doctrine, and assumption of risk under Texas Labor Code Chapter 406.

Sources and Legal References

  1. Texas Labor Code Chapter 408 — Workers Compensation Benefits
  2. Texas Civil Practice and Remedies Code Section 16.003 — Statute of Limitations (2 years)
  3. 29 CFR 1926 — OSHA Safety and Health Regulations for Construction
  4. Bureau of Labor Statistics — Census of Fatal Occupational Injuries
  5. Texas Department of Insurance — Maximum Weekly Benefits FY2026
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