Construction Accident Lawyer in West Texas

Construction workers face some of the highest risks on any job site, from falls and crushing equipment to electrocution and chemical exposure. If you or a family member was injured or killed in a construction accident in West Texas, the Daspit Law Firm can explain your options and pursue the compensation you need.

Common Types of Construction Accidents

•       Falls from roofs, ladders, scaffolds and other heights

•       Scaffolding collapses

•       Struck-by accidents, including falling objects and vehicles

•       Caught-in or caught-between accidents, including trench collapses

•       Electrical injuries and electrocution

•       Crane and heavy equipment accidents

•       Forklift accidents

•       Chemical burns and toxic exposure, see chemical exposure

Do Construction Workers Have Workers' Comp in Texas?

It depends on the employer. Texas does not require most private employers to carry workers' compensation insurance, and construction is an industry where some employers opt out. Public construction projects generally require contractors to carry workers' comp, and a general contractor that provides coverage to its subcontractors' employees can become their "statutory employer," which limits claims against it. Your options may include:

•       A workers' compensation claim if your employer or the general contractor carries coverage, see workers' compensation

•       A negligence claim against your employer if it is a non-subscriber, see non-subscriber work injuries

•       A third-party claim against another contractor, a property owner or an equipment manufacturer

•       A wrongful death claim if a family member was killed, see wrongful death

Who May Be Responsible for a Construction Accident?

•       Employers who fail to provide training, protective equipment or safe work practices

•       General contractors and subcontractors

•       Property owners

•       Equipment manufacturers, see product liability

•       Engineering and design professionals in some cases

A violation of OSHA safety standards, such as failing to provide fall protection, can be important evidence of negligence.

Compensation You May Be Able to Recover

•       Medical expenses and future care

•       Lost wages and lost earning capacity

•       Pain and suffering and mental anguish

•       Physical impairment and disfigurement

•       Exemplary damages in cases of gross negligence

After a Construction Accident: What to Do

•       Get medical care and report the injury to your employer in writing.

•       Photograph the scene and equipment, and write down witness names.

•       Do not accept a settlement offer or sign a release without legal advice. Early offers may not account for future medical needs.

•       Contact a lawyer as soon as possible.

Frequently Asked Questions About Construction Accidents

Can I sue my employer after a construction accident in Texas?

If your employer carries workers' comp, you are generally limited to those benefits against the employer, with limited exceptions. If your employer is a non-subscriber, you may be able to sue for negligence. You may also have claims against third parties.

What if I am an independent contractor or subcontractor?

Your status determines which claims are available, and some workers are misclassified. Have a lawyer review your contract and working relationship.

What if I was injured on a job site run by a general contractor?

The general contractor might provide workers' comp coverage for you, or you might have claims against it or other contractors. This depends on the contract and the facts.

What if a family member was killed on a construction site?

Eligible family members may bring a wrongful death claim and may receive workers' comp death benefits. See our wrongful death page.

What is the deadline to file?

Generally two years for personal injury and wrongful death claims. Workers' comp deadlines are much shorter.