Construction is one of the pillars of Houston’s economic engine, but it remains one of the most hazardous industries in Texas and the nation. In Texas, your legal options after a construction site injury depend largely on whether your employer has workers’ compensation coverage (subscriber) or offers Occupational Accident Insurance (non-subscriber).
At D. Miller & Associates, PLLC, we offer free case evaluations to help you understand your options after you’ve been injured a construction accident. Call us today at 713-597-3765 for a complimentary case review with a Houston personal injury lawyer, and let us help you fight for the compensation you deserve so you can heal and rebuild your life.
Injured on the Job? A Houston Construction Accident Attorney Can Help
Workplace injuries on construction sites involve complex liability and insurance issues. If you’ve been seriously injured, we can determine what type of coverage your employer carries:
Texas is unique because state law does not require most private employers to participate in the workers’ compensation system. Instead, employers can voluntarily choose to join. It typically means you’re eligible to receive benefits, regardless of who was at fault, as long as you’re classified as an employee, not an independent contractor — and your injuries occurred within the scope of your job.
If your employer carries Occupational Accident Insurance (OAI), your benefits may be more limited, but you may also have the right to file a personal injury lawsuit directly against them for negligence. In both instances, we can also assess any potential third-party claims.
We can help you understand why your injuries occurred and who is legally responsible. All too often, we find that they were entirely preventable, but your employer failed to take the required action to prevent them.
We can build a strong evidence-based claim to fight for compensation by filing an insurance claim and negotiating a fair settlement. However, if your employer or another liable party refuses to offer a settlement that covers your losses, we are not afraid to file a personal injury lawsuit in civil court.
Critical Actions to Take Immediately After a Construction Accident
A construction injury can be disorienting and overwhelming, but the steps you take in the hours and days following an accident can significantly impact your legal case:
- Get Medical Care Immediately. Your health comes first. Seek medical attention immediately, even if the injury seems minor, as some conditions can worsen over time. Prompt treatment also creates a clear medical record that may support your claim.
- Report the Injury As Soon As Possible. Notify your supervisor, foreman, or safety manager as soon as possible, ideally in writing. Because Texas law does not require all employers to carry workers’ compensation insurance, any delay in reporting can make it easier for the employer or their insurer to challenge your claim.
- Preserve Evidence. Take clear photos of the scene, including the hazard that caused your injury, safety gear, tools, and surrounding conditions. This documentation can be critical if you pursue a claim.
- Identify Witnesses. Gather names and contact information for anyone who saw the incident, co-workers, supervisors, or bystanders. Their statements may help support your version of events.
- Speak to a Lawyer Before Dealing with Insurance. You may be contacted by your employer’s insurance company soon after the incident. Do not give a recorded statement, sign any documents, or accept a settlement before consulting an experienced attorney.
Injured construction workers often feel pressured to keep quiet, downplay their injuries, or return to work before they’ve fully recovered. Sometimes, they’re threatened with job loss or told they’re “lucky” to still have a job.
While Texas law prohibits employers from retaliating against workers who report a job-related injury or file a claim, enforcing those rights, especially if your employer is a non-subscriber, can be difficult without legal representation. You need a construction injury attorney who can help protect your health and well-being.
Common Types of Construction Site Accidents We Handle
Houston’s continued expansion means more cranes, scaffolding, trenching, and machinery on our streets and skyline. With that growth comes a heightened risk of industrial accidents and construction-related injuries.
We handle a broad spectrum of cases involving:
- Falls from scaffolding, roofs, ladders, or elevated work surfaces
- Crane and forklift collapses
- Electrocution and arc flash incidents
- Heavy equipment failure (nail guns, jackhammers, saws)
- Falling tools, debris, or building materials
- Improper use of personal protective equipment (PPE)
- Welding burns, chemical spills, or toxic exposure
- Slip and fall accidents
- Construction zone vehicle collisions (including dump trucks and loaders)
- Structural failures, fire, or explosion injuries
The injuries workers suffer in these accidents are rarely minor; crushed limbs, spinal and nerve damage, internal trauma, and, in the most serious cases, a brain injury that alters the course of a life. These are preventable tragedies, and you have the right to work without fear of catastrophic harm.
Can You Sue for a Construction Site Injury in Texas?
Your ability to sue a construction employer after a workplace injury depends largely on whether they carry workers’ compensation insurance or are non-subscribers. The law treats “subscribers” and “non-subscribers” very differently, and knowing the distinction is key to understanding your legal options.
If a construction employer in Texas does not carry workers’ compensation insurance (non-subscriber), they are not shielded from personal injury lawsuits by employees. This means that an injured worker can sue a non-subscriber employer directly if the employer’s negligence caused or contributed to the injury. They can seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Some non-subscribers require employees to sign waivers, which may dictate how and where a claim is resolved. However, these agreements generally do not eliminate the worker’s right to sue.
Further, non-subscriber employers cannot use certain defenses that would otherwise limit their liability. They are barred from arguing that an injury was caused solely by the worker’s own negligence or by the actions of a co-worker.
How a Houston Construction Accident Attorney Can Help You Recover Compensation
For over two decades, we’ve represented injured construction workers across Texas in a wide range of negligence claims against non-subscriber employers. Our goal is to make sure you receive fair compensation that covers the full value of damages for which you are eligible.
Trust that our dedicated team will:
- Launch a prompt investigation into what happened and why
- Secure and review site records, incident reports, inspection logs, and surveillance footage
- Interview co-workers, supervisors, and eyewitnesses
- Work with safety experts, engineers, and medical professionals, if applicable
- Explore all paths to compensation
- Handle negotiations with insurers to seek a full and fair settlement
- Take the case to trial when the other side refuses to settle reasonably
This comprehensive legal strategy means your claim is supported by strong evidence and can withstand the scrutiny of insurers, opposing counsel, and the court.
Speak With a Houston Construction Site Accident Attorney from D. Miller & Associates Today
Over the years, D. Miller & Associates, PLLC has been recognized with several prestigious accolades, including the American Institute of Personal Injury Attorneys’ 10 Best Award for Client Satisfaction and a spot in The National Trial Lawyers Top 100. These and other awards we’ve received underscore our dedication to excellence and our clients’ trust in us. Our firm is more than a team of attorneys; we’re your advocates, ready to fight for the justice you deserve.
The construction accident attorneys from D. Miller & Associates, PLLC, offer free consultations. We can explain your options for compensation following a Houston construction site injury. Call us today at 713-597-3765 to set up a time to discuss your case.
