Construction sites are among the most dangerous workplaces in Texas. Heavy machinery, elevated platforms, exposed electrical systems, and deep excavations create hazards that can cause catastrophic injuries or death in seconds. When a construction accident happens because someone cut corners on safety, failed to follow OSHA regulations, or put production schedules ahead of worker protection, the injured person deserves a lawyer who will hold every responsible party accountable.
Key Trial Lawyers represents construction workers and bystanders injured on job sites across Texas. We are a personal injury law firm that prepares every case for trial — not just settlement. Our attorneys understand the federal and state safety regulations that govern construction sites, how to investigate complex multi-party accidents, and how to build claims that recover the full value of our clients’ injuries and losses.
Texas is one of the few states where employers can opt out of workers’ compensation insurance. Many construction companies do exactly that, leaving injured workers without the automatic benefits other states guarantee. Whether your employer carries workers’ comp or not, you may have a third-party claim against a general contractor, property owner, equipment manufacturer, or subcontractor whose negligence caused your accident. Those claims are where the real compensation lies — and they require attorneys who know how to pursue them.
You pay nothing unless we recover money for you. Contact us today for a free consultation with a Texas construction accident attorney who will fight for what you are owed.
Table of Contents
- Why Clients Choose Our Firm
- Types of Construction Accidents We Handle
- Common Construction Accident Injuries
- What to Do After a Construction Accident
- How We Build Your Case
- Compensation in Construction Accident Claims
- Who Can Be Held Responsible
- Texas Construction Accident Law
- Serving Clients Across Texas
- Contingency Fee — No Upfront Cost
- Frequently Asked Questions
Why Clients Choose Our Firm
Trial-Focused Preparation From Day One
Insurance companies and general contractors track which law firms actually try cases and which ones settle everything to avoid the courtroom. Key Trial Lawyers builds every construction accident claim as if it is going to trial. That preparation changes how the other side values the case from the first demand. When a fair offer does not come, we file suit and take the case before a jury — and that is not a negotiating tactic.
Deep Knowledge of Construction Site Regulations
Construction accident claims involve OSHA safety standards, state building codes, industry practices, and contractual safety obligations that most personal injury firms rarely encounter. Our attorneys know how to identify which regulations were violated, which parties had a duty to enforce them, and how to use those violations to establish liability. That regulatory knowledge is the foundation of a strong construction accident case.
Multi-Party Investigation and Accountability
Construction accidents rarely involve a single responsible party. A fall from scaffolding may involve the general contractor who controlled the site, the subcontractor who erected the scaffold, the equipment supplier who provided defective components, and the property owner who failed to ensure safety compliance. We investigate every party in the chain and pursue claims against each one whose negligence contributed to the accident. Missing a liable party means leaving compensation on the table.
Types of Construction Accidents We Handle
OSHA identifies the “Fatal Four” — falls, struck-by incidents, electrocutions, and caught-in/between accidents — as the leading causes of construction worker deaths nationwide. Our attorneys handle cases arising from each of these categories and the many other hazards present on Texas construction sites.
Falls From Heights
Falls are the leading cause of death in the construction industry. Workers fall from scaffolding, ladders, roofs, unprotected edges, and aerial lifts when proper fall protection is not provided or not maintained. OSHA requires fall protection for any work performed at six feet or higher in the construction industry. When employers fail to provide guardrails, safety nets, or personal fall arrest systems, and a worker falls, that is not an accident — it is a preventable failure. We pursue claims against every party responsible for the missing or inadequate fall protection.
Scaffolding Collapses and Failures
Scaffolding accidents occur when structures are improperly erected, overloaded beyond capacity, not inspected before use, or built with defective components. A scaffolding collapse can injure multiple workers at once and often results in severe fractures, spinal injuries, and traumatic brain injuries. Liability may extend to the contractor who directed the scaffold erection, the company that supplied the equipment, and the site supervisor who allowed work to proceed on an unsafe structure.
Crane Accidents
Crane accidents on construction sites cause some of the most catastrophic injuries and fatalities we see. Crane collapses, load drops, boom strikes, and tip-overs can result from operator error, mechanical failure, improper setup on unstable ground, or exceeding the crane’s rated capacity. These cases require investigation into the crane operator’s certification, the lift plan, the maintenance history of the equipment, and whether the contractor followed manufacturer specifications for setup and operation.
Electrocution and Electrical Burns
Electrocution is one of OSHA’s Fatal Four hazards on construction sites. Workers are killed or seriously injured when they contact overhead power lines, work on or near energized electrical systems without proper lockout/tagout procedures, or use damaged equipment in wet conditions. Electrical burns can cause permanent nerve damage, cardiac complications, and severe tissue destruction that requires multiple surgeries. Liability often falls on the general contractor for failing to de-energize power lines, the electrical subcontractor for unsafe work practices, or the property owner for failing to identify existing electrical hazards.
Trench Collapses and Excavation Accidents
Trench collapses are among the most deadly construction site hazards. A cubic yard of soil weighs approximately 3,000 pounds, and a collapsing trench wall can bury a worker in seconds. OSHA requires protective systems — sloping, shoring, or trench boxes — for any excavation five feet deep or more. When contractors skip these protections to save time or money and a worker is trapped, the consequences are frequently fatal. These cases involve strict regulatory violations that form the basis of strong negligence claims.
Struck-By and Falling Object Injuries
Construction workers face constant risk from falling tools, materials, and debris. Struck-by injuries also occur when workers are hit by moving vehicles, swinging loads, or equipment operating in close proximity. These injuries range from broken bones and lacerations to fatal head trauma. OSHA requires hard hats, toe boards, debris netting, and secured tool lanyards — and when those protections are absent, the parties controlling the site bear responsibility.
Equipment Malfunctions and Defective Tools
Power tools, heavy machinery, forklifts, and pneumatic equipment cause serious injuries when they malfunction due to manufacturing defects, inadequate maintenance, or missing safety guards. These cases may involve product liability claims against the equipment manufacturer in addition to negligence claims against the employer or contractor who failed to maintain or inspect the equipment. We work with engineering experts to determine whether the failure was caused by a defect, improper maintenance, or operator error — and we pursue every responsible party.
Common Construction Accident Injuries
The physical forces involved in construction accidents — falls from height, crushing weight, electrical current, and heavy impact — produce injuries that are typically severe and often permanent. We represent clients who have suffered:
- Traumatic brain injuries — from concussions to severe TBI caused by falls or struck-by impacts. Our brain injury attorneys work with neurologists and life care planners to document the full scope of cognitive and functional impairment.
- Spinal cord injuries and paralysis — partial or complete loss of function from falls, crushing incidents, or equipment accidents that permanently change a person’s independence and ability to work.
- Multiple fractures and crush injuries — shattered bones requiring surgical repair, implanted hardware, and months of rehabilitation, often with lasting physical limitations.
- Severe burns — electrical burns, chemical burns, and thermal burns from explosions or fires on construction sites that require skin grafting and long-term wound care.
- Amputation — traumatic or surgical loss of fingers, hands, arms, or legs from equipment entanglement, crushing events, or severe electrical injury.
- Internal organ damage — blunt force trauma to the chest and abdomen causing injuries to the lungs, liver, spleen, or kidneys that may require emergency surgery.
- Wrongful death — when a construction accident takes a life, surviving family members may pursue a wrongful death claim for lost financial support, companionship, mental anguish, and funeral expenses.
Many construction accident injuries result in permanent disability that affects every aspect of the victim’s life — earning capacity, daily independence, and quality of life. Accurately documenting these losses, including future medical care and diminished earnings over a lifetime, is critical to recovering compensation that reflects the real impact of the injury.
What to Do After a Construction Accident
The steps you take after a construction accident directly affect your ability to pursue a claim. Here is what matters most:
Get medical attention immediately. Some injuries — traumatic brain injuries, internal bleeding, spinal damage — do not always produce immediate symptoms. A gap in medical treatment after a construction site injury is something the defense will use to argue your injuries were not caused by the accident or are not as serious as you claim.
Report the accident to your employer. Texas law requires workplace injuries to be reported, and failing to report can complicate your claim. Make sure the report documents what happened, where it happened, and what conditions contributed to the accident.
Document everything you can. Photographs of the accident scene, the equipment involved, safety conditions, and your injuries are valuable evidence. If coworkers witnessed the accident, note their names and contact information. Conditions on construction sites change rapidly — evidence that exists today may be gone tomorrow when the work continues.
Do not sign anything from your employer or their insurance carrier without speaking to a lawyer first. Construction companies and their insurers move quickly after a serious accident. They may ask for recorded statements, present settlement releases, or pressure you to accept workers’ compensation as your only option. An experienced construction accident attorney can evaluate whether you have additional claims and protect your right to pursue them.
Contact a construction accident lawyer as soon as possible. Evidence on construction sites disappears fast. Equipment gets repaired or replaced. Safety conditions change as work progresses. The sooner a lawyer can investigate and send preservation demands, the stronger your case will be.
How We Build Your Case
Construction accident claims require thorough investigation and fast action. The evidence that proves liability on a construction site is often temporary — conditions change daily, equipment rotates off-site, and records can be altered or lost. Here is how we approach every construction accident case.
We start with evidence preservation. We send legal preservation demands to every potentially liable party — the general contractor, subcontractors, equipment suppliers, and property owners — requiring them to retain all documents and physical evidence related to the accident. This includes safety inspection records, training documentation, OSHA logs, equipment maintenance records, project schedules, and any surveillance or photographic evidence from the site.
Our attorneys conduct an independent investigation of the accident scene and conditions. We review OSHA citations and inspection history for the companies involved. We obtain contracts between the general contractor, subcontractors, and property owner to determine which parties had control over the work and the safety obligations that come with that control. We identify every entity in the chain that had a duty to protect workers and failed to do so.
We retain the right experts early. Construction safety experts evaluate whether OSHA standards and industry practices were followed. Accident reconstruction specialists analyze the mechanics of how the injury occurred. Medical experts document the full extent of the injury and its long-term consequences. Forensic economists calculate the financial loss — past and future — so we have a defensible damages figure before we ever make a demand.
When we negotiate, the case is already built. That preparation is what creates leverage. Insurance carriers and defense counsel know our firm will take the case to trial if a fair resolution is not offered — and that changes how they evaluate the claim from the beginning.
Compensation in Construction Accident Claims
Construction accident injuries tend to be severe, and the compensation available reflects that. Texas law allows injured workers to pursue economic damages, non-economic damages, and in some cases punitive damages through third-party claims — often in addition to any workers’ compensation benefits they may receive.
Economic damages cover every measurable financial loss: past and future medical expenses, lost wages, lost earning capacity, rehabilitation costs, home modification needs, assistive devices, and other out-of-pocket costs caused by the injury. In catastrophic construction accident cases involving spinal cord injuries or severe brain injuries, lifetime care costs can reach into the millions. Every dollar of that future loss must be documented and fought for.
Non-economic damages address the human cost: pain and suffering, physical impairment, disfigurement, mental anguish, loss of enjoyment of life, and loss of consortium. Insurance carriers consistently minimize these damages because they are harder to quantify. Building the evidentiary record to support full non-economic compensation takes the same level of preparation we bring to every other part of the case.
Punitive damages may be available when the conduct that caused the accident was egregious — a contractor who knowingly ignored OSHA safety requirements, a company that falsified safety inspection records, or a property owner who concealed known hazards. Texas law sets specific standards for punitive awards, and we assess whether they are realistic in every case we evaluate.
In wrongful death cases, surviving family members may recover compensation for the financial support they lost, the guidance and companionship that is gone, the mental anguish of their loss, and funeral and burial costs. We handle these claims with both the legal rigor and the human understanding they require.
Who Can Be Held Responsible
Construction sites involve layers of companies, contracts, and responsibilities. When an accident happens, multiple parties may share liability. Identifying every responsible party is essential because it determines the total insurance coverage available and the total compensation that can be recovered. Here is who we investigate in every case:
- General contractors — the party with overall control of the job site typically bears the broadest safety obligations. When a general contractor fails to enforce safety standards, conduct required inspections, or coordinate subcontractor work safely, they can be held liable for injuries that result.
- Subcontractors — a subcontractor whose negligence directly caused the accident, such as improperly erecting scaffolding or failing to secure a trench, is liable for the injuries their work caused. This is true even when the injured worker was employed by a different subcontractor on the same site.
- Property owners — the owner of the property where construction is taking place may be liable if they retained control over safety conditions, knew about hazards and failed to address them, or hired contractors with known safety problems.
- Equipment manufacturers — when a defective tool, machine, crane, or safety device caused or contributed to the accident, the manufacturer may be liable under Texas product liability law regardless of whether negligence can be proven.
- Equipment rental companies — companies that lease construction equipment have a duty to maintain it in safe working condition. When they rent out defective or poorly maintained equipment, they share responsibility for the injuries it causes.
- Engineers, architects, and design professionals — if a structural design flaw, inadequate specification, or failure to account for construction-phase hazards contributed to the accident, the design professional may bear liability.
Our attorneys investigate the full chain of responsibility. We review contracts, safety plans, OSHA records, and insurance policies to identify every party whose negligence played a role. The goal is to maximize the total recovery available to our client — and that means leaving no responsible party out of the claim.
Texas Construction Accident Law
Texas construction accident law has features that make it different from most other states. Understanding these distinctions is critical to protecting a claim.
Workers’ compensation is not mandatory in Texas. Texas is the only state that allows private employers to completely opt out of the workers’ compensation system. A significant number of construction companies — especially smaller subcontractors — are non-subscribers. If your employer does not carry workers’ comp, you are not limited to workers’ compensation benefits. Instead, you can file a direct negligence lawsuit against your employer, which opens the door to full compensatory damages including pain and suffering — something workers’ comp does not provide.
Third-party claims exist even when workers’ comp applies. If your employer does carry workers’ compensation, you are generally limited in your ability to sue them directly. But you are not limited to workers’ comp as your only remedy. If a party other than your employer caused or contributed to the accident — a general contractor, another subcontractor, a property owner, an equipment manufacturer — you can pursue a third-party personal injury claim against them for full damages. These claims run parallel to workers’ compensation and are often where the largest recovery is found.
Texas follows a modified comparative fault rule. If you are found 50 percent or less at fault for the accident, you can still recover damages — reduced by your percentage of responsibility. Defense attorneys in construction cases routinely try to shift blame to the injured worker, arguing they should have recognized the hazard or refused to do the work. Countering those arguments with evidence of employer negligence and regulatory violations is central to what we do.
The statute of limitations for most construction accident claims in Texas is two years from the date of injury. But the practical deadline comes sooner. Construction sites change daily — the conditions that caused the accident will not exist a week later as work continues. Equipment rotates off-site. Records are generated and discarded on project schedules. Contacting a lawyer early is the single most important step in preserving the evidence your case depends on.
Serving Clients Across Texas
Key Trial Lawyers represents construction accident victims across Central Texas from offices in Austin, Buda, Bastrop, and New Braunfels. The rapid growth along the I-35 corridor and throughout Travis, Hays, Williamson, Bastrop, and Comal counties has driven a surge in commercial and residential construction — and with it, a steady increase in serious construction site injuries.
If you were injured on a construction site in Central Texas, our attorneys are ready to evaluate your case. Contact the office nearest to you or reach us directly through our main line.
Contingency Fee — No Upfront Cost
We handle every construction accident case on a contingency fee basis. You pay no attorney fees and no costs unless we recover compensation for you. We advance all expenses associated with investigation, expert retention, and litigation. During your free consultation, we explain the fee arrangement in full so there are no surprises. If we do not win, you owe us nothing.
Frequently Asked Questions
Can I sue my employer for a construction accident in Texas?
It depends on whether your employer carries workers’ compensation insurance. If your employer is a non-subscriber — meaning they opted out of the Texas workers’ compensation system — you can file a direct negligence lawsuit against them for full damages, including pain and suffering. If your employer does carry workers’ comp, your direct claim against them is generally limited, but you may still have third-party claims against other responsible parties such as a general contractor, property owner, or equipment manufacturer.
What if I was partially at fault for the construction accident?
Texas follows a modified comparative fault rule. You can still recover damages as long as you are found to be 50 percent or less responsible for the accident. Your recovery is reduced by your percentage of fault. Defense attorneys frequently try to blame the injured worker in construction cases — claiming they should have refused the work or recognized the hazard. Our job is to counter those arguments with evidence of employer negligence and safety violations that actually caused the accident.
How much does it cost to hire a construction accident attorney?
Nothing upfront. Our firm handles construction accident claims on a contingency fee basis. You pay no attorney fees unless we win your case. We advance all costs for investigation, expert witnesses, and litigation. Your free consultation includes a full explanation of the fee structure with no obligation.
What is the deadline to file a construction accident lawsuit in Texas?
The statute of limitations for most construction accident claims in Texas is two years from the date of injury. However, the practical deadline arrives much sooner because construction sites change daily — the hazardous conditions, equipment, and physical evidence that prove your case will not exist for long after work continues. Contacting an attorney as early as possible is critical to preserving the evidence you need.
Can I file a claim against the general contractor if I work for a subcontractor?
Yes. If the general contractor had control over the job site and failed to maintain safe conditions, enforce safety regulations, or coordinate work to prevent hazards, they can be held liable for injuries to any worker on the site — regardless of which subcontractor employed that worker. These third-party claims are often the most significant source of compensation in construction accident cases because general contractors typically carry larger insurance policies.
Talk to a Construction Accident Lawyer Today
If you or someone in your family was seriously injured on a construction site in Texas, the evidence that proves your case is disappearing. Construction sites change daily. Equipment moves. Records get filed and forgotten. The longer you wait, the harder the case becomes to build.
When you call Key Trial Lawyers, you speak directly with an attorney — not a receptionist, not an intake coordinator. You get an honest evaluation of your case, a clear explanation of your legal options, and a straight answer about whether we can help.
Contact our personal injury law firm today for a free consultation. Our attorneys handle construction accident claims across Texas and are prepared to take them to trial when that is what it takes to recover the compensation our clients deserve.
