Life-Altering Injuries: Legal Strategies for Pursuing Catastrophic Personal Injury Claims in Construction Accidents

Construction is one of the most important industries in Texas. Collectively, commercial construction and residential construction generate tens of billions of dollars of economic activity in the state each year. Unfortunately, construction is also one of the most dangerous industries in the United States. Accidents remain a serious problem. If you were hurt in a construction accident in Texas, it is imperative that you know how to protect yourself and your rights. Our Houston personal injury lawyer provides a guide to construction accident claims in Texas.

Construction is a Hazardous Industry (Most Common Accidents)

Construction is one of the most dangerous industries in the United States. According to data from the Bureau of Labor Statistics (BLS), approximately one in five workplace fatalities nationwide happens in construction. For reference, that means that around 1,000 construction workers are killed on the job each year. Many tens of thousands more construction workers and passersby suffer serious, catastrophic, or even life-altering injuries. Here is an overview of some of the most common types of construction accidents in Texas:

• Falls From Heights: Falls remain the leading cause of catastrophic and fatal injuries in construction. Workers face risks from scaffolding, ladders, roofs, and elevated platforms without proper fall protection. Fall protection matters. Employers must comply with OSHA standards to mitigate hazards through training, guardrails, and harness systems.
• Struck-By Accidents: Heavy machinery, moving vehicles, and even falling materials are all common on construction sites in Texas. With so much happening on a construction site, workers may be struck by swinging equipment, dropped tools, or vehicles with limited visibility. Struck-by accidents can cause devastating injuries.
• Caught-In or Between Hazards: Another challenge is that workers can be pinned, crushed, or trapped between equipment, collapsing trenches, or unstable materials. These accidents often result in catastrophic injuries or deaths. If you were hurt in a caught-in or caught-between accident, you need strong legal representation.
• Electrocutions: Electricity is inherently dangerous. Electrical hazards arise from exposed wiring, power lines, faulty tools, and improper grounding. Electrocution accidents can cause burns, cardiac arrest, or death. Electrical safety standards matter.
• Machinery and Equipment Accidents: Heavy machinery such as cranes, forklifts, and bulldozers creates high-risk conditions on construction sites. Accidents occur when equipment is misused, poorly maintained, or operated by untrained personnel.

Understanding Texas Law: Workers’ Compensation vs. Personal Injury Claims

Texas is unique because it does not require most private employers to carry workers’ compensation insurance. If an employer subscribes to the system, injured employees typically must seek benefits through workers’ compensation. These benefits cover medical care and partial wage replacement, but they are limited and do not include non-economic damages such as pain and suffering. Employees cannot generally sue a subscribing employer for negligence. If you have any questions about a workers’ comp claim for a construction accident, our Houston work injury lawyer can help.

If the employer is a “non-subscriber,” an injured worker may file a direct personal injury lawsuit. They will not be able to bring a workers’ comp claim. In these cases, the injured construction worker must prove negligence in order to establish liability. These are fault-based cases. However, the available damages are broader, including compensation for loss of future earning power, pain and suffering, and long-term disability. Our Houston, TX construction accident attorney can help you navigate a non-subscriber claim.

What to Know About Third-Party Liability and Construction Accidents

Even when an employer is a subscriber under the Texas workers’ compensation system, injured workers may still have rights against negligent third parties. Modern construction sites are complicated. They often have multiple contractors and subcontractors working on site. There may also be property owners, equipment manufacturers, and vendors involved. Any of these parties may commit an act or omission of negligence that can contribute to a catastrophic accident. If a third party other than the employer caused or contributed to the accident, the injured worker may file a personal injury claim against that entity. For instance, a third-party liability claim may be brought against a scaffolding manufacturer, a negligent subcontractor, or a careless driver. Here is an example of a third-party liability claim for a construction accident in Texas:

• Imagine that a Houston construction worker suffers severe injuries when a negligent subcontractor fails to secure scaffolding at a downtown building site. The worker’s employer subscribes to Texas workers’ compensation. As such, he or she can file a workers’ comp claim and receive medical and wage benefits under that system. However, because the subcontractor (not the direct employer) created the hazard through negligence, the injured construction worker can also file a third-party liability claim against the subcontractor. In that lawsuit, the worker seeks additional damages not available through workers’ comp, including for pain and suffering and long-term disability.

Given the challenges, third-party liability cases require a careful, comprehensive investigation. All at-fault parties must be identified. Texas law permits workers to pursue these claims alongside a workers’ compensation case. Our Houston construction accident attorney can help you navigate the complexities of a third-party liability case.

How Our Texas Construction Accident Lawyer Can Help

If you or your loved one suffered a catastrophic injury on a construction site, it is imperative that you have strong, skilled, and reliable legal representation. Construction accidents in Texas can be complicated. You may have a workers’ comp claim, a non-subscriber claim, and/or a third-party liability case. No matter your circumstances, our Houston construction accident attorney is ready to help. At Thornton Esquire Law Group, PLLC, we fight tirelessly for justice for injured workers and injured passersby. Your initial consultation with our Houston catastrophic construction accident lawyer is free, fully confidential, and carries no additional obligations.

Call Our Houston Catastrophic Construction Accident Lawyer Today

At Thornton Esquire Law Group, PLLC, our Houston personal injury attorney handles all types of construction accident cases, including those involving catastrophic injuries. If you or your loved one was severely hurt while working at a construction site, call us at (888) 378-1784 or contact us online for a free case review. With an office in Houston, our firm handles construction accident injury cases throughout all of Texas.