Houston Construction Accident Lawyer

Attorney Nick Oberheiden
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Construction work is among the most physically demanding and hazardous work in Texas. On any given day, Houston workers are on job sites involving heavy equipment, elevated structures, and powerful tools. When something goes wrong, the injuries are often catastrophic. If you were hurt on a construction site in Houston, understanding your legal options is the first step toward protecting yourself and your family.

At Oberheiden P.C., our attorneys represent injured construction workers and their families throughout Houston and the surrounding area. We help clients pursue every available avenue of compensation, whether through a workers’ compensation claim, a non-subscriber injury claim, or a third-party lawsuit.

Construction Accidents in Houston

Houston is one of the most active construction markets in the country, with major projects ongoing across the energy sector, commercial real estate, infrastructure, and residential development. That activity creates significant risk. Falls from scaffolding, scaffolding and structure collapses, electrocutions, trench cave-ins, forklift and crane accidents, and injuries from falling objects are among the most common causes of serious construction injuries in the city.

The injuries that result from these accidents are often life-altering. Spinal cord damage, traumatic brain injuries, crush injuries, amputations, and severe burns can permanently affect a worker’s ability to earn a living and care for their family. When a construction accident is fatal, surviving family members are left to cope with both grief and financial hardship.

Texas construction accident law is more complicated than most states, largely because Texas does not require most private employers to carry workers’ compensation insurance. That distinction shapes what legal options are available to you, and it makes working with an experienced construction accident attorney especially important.

Workers’ Compensation Claims in Texas

Texas is the only state in the country that does not require most private employers to carry workers’ compensation coverage. Employers who choose to participate in the Texas workers’ compensation system are called “subscribers.” If your employer is a subscriber, your options for seeking compensation after a construction accident are largely governed by the Texas Workers’ Compensation Act.

Workers’ compensation provides benefits that cover medical expenses related to your injury and a portion of your lost wages while you recover. In cases involving permanent impairment, additional benefits may be available. If a construction accident is fatal, the system provides death benefits to eligible surviving family members, including a surviving spouse and dependent children.

The workers’ compensation system is a no-fault system, meaning you do not need to prove that your employer was negligent in order to receive benefits. However, the tradeoff is that workers’ compensation typically bars you from suing your employer directly for additional damages, such as pain and suffering.

Even in a no-fault system, obtaining the full benefits you are entitled to is rarely simple. Insurance companies can dispute the severity of your injuries, challenge the connection between your injury and your work, or delay payment. An experienced Houston construction accident lawyer can help you navigate the claims process, respond to disputes, and pursue any appeals if your claim is denied or underpaid.

Non-Subscriber Claims Against Texas Employers

Because Texas does not require employers to carry workers’ compensation insurance, a significant number of construction companies in Houston operate as non-subscribers. If your employer does not participate in the Texas workers’ compensation system, you have the right to file a personal injury lawsuit directly against them.

Non-subscriber claims are an important area of Texas injury law. When an employer chooses not to carry workers’ compensation insurance, they give up several of the legal defenses that would otherwise protect them in an injury lawsuit. Specifically, non-subscribing employers cannot claim that:

The injured worker assumed the risk of the injury by accepting the job
A coworker’s negligence caused the accident (the fellow servant rule)
The injured worker’s own negligence contributed to the accident

This means that in a non-subscriber case, you generally need to show only that your employer was negligent and that the negligence caused your injuries. You do not face the same legal hurdles that plaintiffs encounter in most personal injury cases. If successful, a non-subscriber claim can result in compensation not only for medical expenses and lost wages, but also for pain and suffering, emotional distress, and other non-economic damages that workers’ compensation does not cover.

Determining whether your employer is a subscriber or non-subscriber is one of the first things our team will assess when you contact us. The answer has a significant impact on your legal strategy.

Third-Party Injury Lawsuits

Whether your employer carries workers’ compensation insurance or not, you may have a separate legal claim against a third party. In the construction industry, multiple companies are often involved in a single project. General contractors, subcontractors, property owners, equipment manufacturers, and engineering firms can all play a role in creating the conditions that lead to an accident.

If a party other than your employer caused or contributed to your injuries, you may be able to file a third-party lawsuit against them. These claims exist independently of whatever claim you may have against your employer. That means you can pursue both a workers’ compensation claim and a third-party lawsuit at the same time, or a non-subscriber claim and a third-party lawsuit, depending on your circumstances.

Third-party claims in construction accidents commonly arise from situations such as:

A general contractor who failed to enforce safety protocols on the job site
A property owner who allowed dangerous conditions to exist
A manufacturer whose defective equipment failed and caused the accident
A subcontractor whose employees created hazardous conditions for workers from another company

Third-party lawsuits allow you to seek the full range of damages, including compensation for pain and suffering, loss of enjoyment of life, and other losses that fall outside the scope of workers’ compensation. Our attorneys investigate construction accidents thoroughly to identify every party whose negligence may have contributed to your injuries.

What To Do After a Houston Construction Accident

The steps you take immediately after a construction accident can affect your ability to recover compensation. If you are able to do so:

Report the accident to your supervisor or employer as soon as possible and get documentation that you did so.
Seek medical attention right away, even if your injuries seem minor at first.
Follow your treating physician’s recommendations throughout your recovery.
Preserve any evidence you have, including photographs of the scene, your equipment, and your injuries.
Avoid giving recorded statements to insurance representatives before consulting with an attorney.
Contact our office as soon as possible. Texas has deadlines for filing workers’ compensation claims and personal injury lawsuits. Missing these deadlines can permanently affect your right to compensation.

FAQs: Houston Construction Accident Claims

My employer doesn’t have workers’ comp. What are my options?

If your employer is a non-subscriber, you can file a personal injury lawsuit against them directly. Texas law makes it easier to establish liability in such situations. You may also have a claim against third parties who contributed to your accident. Our attorneys can review your situation and explain which options apply.

Can I file a lawsuit if I am receiving workers’ compensation benefits?

Yes, in many cases. Workers’ compensation covers your claim against your employer, but it does not prevent you from pursuing a third-party lawsuit against other companies that contributed to your injuries. For example, if a subcontractor’s negligence caused your accident, you may be able to sue that subcontractor even while collecting workers’ comp from your employer’s insurer.

What kinds of damages can I recover in a construction accident lawsuit?

In a personal injury or non-subscriber claim, you may be eligible to recover medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, and other losses depending on the facts of your case. Workers’ compensation benefits are more limited and do not include pain and suffering.

How long do I have to file a claim?

Deadlines vary depending on the type of claim. Workers’ compensation claims generally must be reported to the employer quickly and filed with the Texas Division of Workers’ Compensation within one year of the injury. Personal injury lawsuits in Texas are generally subject to a two-year statute of limitations, though specific circumstances can affect this timeline. Do not wait to speak with an attorney.

What if a family member was killed in a construction accident in Houston?

Surviving family members may have the right to file a wrongful death claim against the responsible parties. Texas law allows certain family members, including a surviving spouse, children, and parents, to seek compensation for their losses. Our attorneys handle wrongful death cases with the care and attention these matters demand.

Contact a Houston Construction Accident Lawyer Today

If you or a family member has been injured in a construction accident in Houston, the legal process can feel overwhelming while you are also managing medical treatment and financial uncertainty. Our attorneys are here to help you understand your rights and take action. Contact Oberheiden P.C. today to schedule a free case review.
Further Information About Our Construction Accident Lawyer Services

Further Information About Our Construction Accident Lawyer Services

Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.