Houston Construction AccidentLawyer Guide | Texas Injury Claims

When the Houston Skyline Comes at a Cost: Your Guide to Construction Accident Recovery

Houston’s iconic skyline, a testament to growth and ambition, is built by the hands of thousands of construction workers. Yet, this progress has a hidden, often tragic, cost. As Attorney911’s Managing Partner, Ralph Manginello, states in our video guide, “Houston construction accidents are more common than you might think.” With over 25 years of experience in Texas courtrooms, including federal court litigation in the Southern District of Texas, we’ve seen firsthand how the construction industry’s scale—one of the largest and most dangerous in the United States—translates into life-altering injuries for Texas workers. If you’re reading this after being injured on a job site, you’re not just facing physical pain; you’re confronting a complex legal and insurance system designed to minimize what you’re owed. This comprehensive guide, written from our perspective as Houston’s “Legal Emergency Lawyers™,” will walk you through every step, from understanding your accident to securing the compensation you need to rebuild your life.

What Exactly Constitutes a Construction Accident in Texas?

A construction accident, as defined in our practice, occurs when any worker hired to perform duties on a construction site—whether building, repairing, demolishing, improving, or cleaning a facility—suffers an injury in the course of that work. The legal framework in Texas imposes specific duties on general contractors, subcontractors, and property owners to maintain a reasonably safe worksite. When these duties are breached through negligence, and a worker is harmed, a legal claim arises. The injuries from these incidents are rarely minor. In our decades of handling cases across Houston, Beaumont, and Austin, we’ve represented clients with catastrophic outcomes: traumatic brain injuries from falls, spinal cord damage from being struck by objects, severe burns from electrocutions, and crush injuries from being caught in or between equipment. The initial emergency room visit is often just the beginning of a long medical journey.

The “Fatal Four”: Understanding Houston’s Most Dangerous Construction Hazards

Ralph Manginello’s video highlights the four most dangerous types of construction accidents: falls, struck-by objects, electrocutions, and caught-in/between accidents. These are not abstract categories; they represent daily risks on Texas job sites, and each carries distinct legal implications for proving liability and valuing your claim.

1. Falls From Heights (Scaffolds, Ladders, Roofs)

Falls remain the leading cause of death in construction. Under Texas law and federal OSHA regulations (29 CFR 1926.501), employers have a non-delegable duty to provide fall protection systems at heights of six feet or more in construction. When a worker falls because guardrails were missing, a personal fall arrest system failed, or a scaffold was improperly constructed, multiple parties may be liable. This includes the general contractor who controlled the site, the subcontractor who employed the worker, and even the manufacturer of defective safety equipment. We’ve handled cases where a lack of proper training or the pressure to meet deadlines led to catastrophic falls, resulting in severe orthopedic injuries, head trauma, and paralysis.

2. Struck-By Objects (Falling Tools, Swinging Cranes, Vehicle Impacts)

A construction site is a chaotic environment with multiple trades working simultaneously. Being struck by a falling tool, a swinging crane load, or a reversing vehicle is a constant risk. Liability often hinges on whether proper site coordination and communication protocols were followed. Did the crane operator have a clear signal? Were exclusion zones properly marked? Was the tool tethered? Our investigation immediately focuses on site safety plans, equipment maintenance logs, and witness statements to establish which entity’s negligence caused the object to become a hazard.

3. Electrocutions (Live Wires, Overhead Power Lines, Faulty Equipment)

Electrocutions on construction sites often involve contact with overhead or buried power lines, or the use of damaged cords and tools. Texas follows the “High Voltage Act” (Texas Health & Safety Code, Chapter 752) and OSHA’s electrical standards. Determining fault requires analyzing who was responsible for identifying utilities, establishing clearance distances, and ensuring lock-out/tag-out procedures. The burns and internal organ damage from electrocution are devastating and require specialized, lifelong medical care, which must be accounted for in any settlement demand.

4. Caught-In/Between Accidents (Trench Collapses, Machinery, Rolling Equipment)

These are some of the most horrifying accidents, where a worker is crushed, caught, or compressed between objects. Trench collapses are a prime example. OSHA requires protective systems for trenches deeper than five feet. When a contractor cuts corners to save time or money, and a trench caves in, the results are frequently fatal. Similarly, workers caught in unguarded machinery or pinned between a vehicle and a wall suffer catastrophic crush injuries and amputations. Our firm secured a multi-million dollar settlement for a client who suffered a partial leg amputation following a car accident where subsequent medical complications arose. The principles of investigating complex causation apply directly to these severe construction site incidents.

If you’ve been hurt in any of these scenarios, the clock is already ticking. Evidence disappears, memories fade, and the insurance company for the at-fault party is likely already building its defense. Call our legal emergency line at 1-888-ATTY-911 for immediate guidance on preserving your rights.

Who Pays My Hospital Bills? The Complex World of Texas Workers’ Compensation

This is often the first and most urgent question from an injured Houston construction worker. As Ralph explains, your hospital bills may be covered by your employer’s workers’ compensation insurance—if they have it. This is a critical distinction in Texas. Unlike most states, Texas does not require private employers to carry workers’ compensation insurance (Texas Labor Code, Title 5). An employer can opt to be a “non-subscriber.”

If Your Employer Does Carry Workers’ Comp

Filing a claim is an administrative process, not a lawsuit. In exchange for receiving benefits like medical care and a portion of your lost wages (typically 70% of your average weekly wage), you generally give up the right to sue your employer for negligence, barring extreme circumstances like intentional acts. However, as we stress at Attorney911, this system has significant limitations:

• Limited Benefits: The coverage limits may be insufficient for catastrophic injuries like a traumatic brain injury or spinal cord damage.
• Claim Denials: Insurers frequently deny claims, arguing the injury isn’t work-related, isn’t serious, or resulted from a pre-existing condition.
• Doctor Control: The insurance company often chooses the treating physician, who may be incentivized to minimize your treatment and return you to work prematurely.

As client Donald Wilcox experienced before coming to us, sometimes you need an advocate just to get through the door: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”

If Your Employer is a Non-Subscriber

This situation is more perilous but can also present greater opportunity. You have the right to sue your employer directly for negligence under Texas common law. However, the employer will raise defenses, including your own alleged contributory negligence. The stakes are high, and navigating this requires an attorney with trial experience. Furthermore, whether you collect workers’ comp or not, you always retain the right to sue negligent third parties—other subcontractors, equipment manufacturers, property owners, or general contractors—whose actions contributed to your injury. This is where having a firm with a proven track record is invaluable.

Navigating Medical Claim Denials: When Your Own Health Insurance Turns Its Back

Ralph’s video asks, “What is a medical claim?” and highlights the nightmare of dealing with denied claims while recovering. This is a brutal reality. Your health insurer may deny payment, claiming the treatment should be covered by workers’ comp, that it’s not “medically necessary,” or due to a coding error. You have the right to appeal, but insurance companies bank on you giving up.

This is where Lupe Peña’s insider experience as a former insurance defense attorney becomes your powerful weapon. “Lupe spent years taking recorded statements FOR insurance companies—he knows which questions are traps,” says Ralph. Lupe understands the exact language and procedures insurers use to deny claims legitimately. We don’t just advise you to appeal; we often handle the entire appeals process, drafting compelling arguments, gathering supporting medical literature, and forcing the insurer to justify its denial under the Texas Insurance Code. If a bad faith denial has caused you additional harm, we may even have grounds for a separate lawsuit against your health insurer.

Don’t battle the insurance bureaucracy alone while trying to heal. Let us shoulder the load. Call 1-888-ATTY-911 today.

Can I Sue for a Construction Accident in Texas? The Path to Third-Party Liability

Yes, absolutely. As the video confirms, if you’ve been injured, you may file a personal injury lawsuit against any responsible party other than your employer (if they have workers’ comp). This is often where the true value of a construction accident case lies. A typical Houston high-rise or residential development site can have dozens of entities involved: the general contractor, multiple subcontractors (electrical, plumbing, framing), equipment rental companies, crane operators, architects, and engineers. Under Texas law, you can pursue a negligence claim against any of them if their breach of a duty of care contributed to your accident.

Overcoming Modified Comparative Fault

Texas follows a “modified comparative fault” rule (Texas Civil Practice & Remedies Code § 33.001). If you are found partially at fault for the accident (e.g., not wearing available safety gear), your compensation is reduced by your percentage of fault. However, if you are found 51% or more at fault, you recover nothing. Defense attorneys will aggressively argue you were mostly to blame. Our job at Attorney911 is to build an unassailable case that clearly places the fault on the negligent third parties. We do this through immediate evidence preservation—securing site photos, equipment, safety logs, and employment records—and by leveraging our resources to hire top-tier expert witnesses in safety engineering, biomechanics, and vocational rehabilitation.

Our Experience with Complex, Multi-Party Litigation

This is not theoretical for us. Our firm’s involvement in the BP Texas City explosion litigation—a catastrophic industrial disaster with multiple corporate defendants—demonstrates our capability to manage incredibly complex cases against powerful adversaries. We apply the same rigorous approach to a construction site injury. We identify all potentially liable parties early, file suit before the two-year statute of limitations expires (Texas Civil Practice & Remedies Code § 16.003), and engage in aggressive discovery to uncover the root causes of your accident.

As client Jamin Marroquin noted about Ralph’s approach: “Mr. Manginello guided me through the whole process with great expertise… tenacious, accessible, and determined throughout the 19 months.” This tenacity is what it takes to succeed.

The Real Timeline: How Long Does a Construction Accident Lawsuit Take?

Ralph is direct: these cases are “long and complex.” Insurance companies and corporate defendants have the financial resources to drag out litigation, hoping you’ll become desperate and accept a lowball offer. As Lupe Peña can attest from his defense-side experience, delay is a calculated tactic. They know injured workers in Houston are under financial strain from lost wages and mounting bills.

A typical construction accident lawsuit can take 1-3 years or more to resolve, depending on the severity of injuries, the number of defendants, and the willingness of the insurance carriers to negotiate in good faith. The process involves pleadings, discovery (depositions, document requests), mediation, and potentially trial. While over 95% of our cases settle before a verdict, we prepare every single one as if it’s going to trial. This preparation is what gives us leverage. Insurance companies know when a firm is willing and able to go the distance. As our client Glenda Walker said, “They fought for me to get every dime I deserved.” We fight because we have the experience and resources to see it through, from Houston state courts to the U.S. District Court for the Southern District of Texas.

If you’re worried about time, the most important thing you can do is start now. Delaying your call only gives the defense more time to build their case against you. Contact us at 1-888-ATTY-911 to begin building yours.

What Is My Construction Accident Case Worth? Factors That Determine Settlement Value

“Every case is different,” as Ralph states, but people with serious injuries can recover millions. At Attorney911, we don’t just guess at a number. We methodically calculate both your economic and non-economic damages to build a demand that reflects the true cost of your injury.

Key Factors in Valuing Your Houston Construction Accident Claim:

• Severity and Permanency of Injury: A broken leg that heals fully is valued differently from a traumatic brain injury causing permanent cognitive impairment. We work with life care planners and medical experts to project future medical needs, including surgeries, therapy, and assistive devices.
• Lost Earnings and Earning Capacity: We calculate not just past lost wages, but the reduction in your ability to earn money over your lifetime, especially critical for skilled tradespeople.
• Pain and Suffering: Texas law allows compensation for physical pain, mental anguish, disfigurement, and physical impairment. We use diaries, testimony, and expert psychological evaluations to give the jury a window into your daily struggle.
• The Number of Negligent Parties: Multiple defendants can mean multiple sources of recovery and increased pressure to settle.

Our documented results speak to this approach. We secured a multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company. In another case, a client’s leg injury from a car accident led to infections and a partial amputation, which also settled in the millions. These results come from refusing to accept the insurance company’s first—or even fifth—offer.

The Attorney911 Difference: Why Representation Matters

Ralph identifies the single biggest factor: whether you have an experienced construction accident attorney. Insurance adjusters use software like Colossus to value claims, and they start with the lowest possible number. Without an attorney, they will manipulate you, take recorded statements out of context, and pressure you to sign a quick, cheap release.

With Attorney911, you have a former insurance defense attorney on your side. Lupe Peña knows their playbook because he wrote parts of it. He understands how they set reserves, which IME doctors they hire to downplay injuries, and what arguments they’ll use to shift blame. This insider knowledge is an unfair advantage for our clients. We don’t just negotiate; we strategically litigate, filing motions, pushing discovery, and showing them we are unafraid of the courtroom. This is why our clients, like Ernest Cano, say, “Mr. Maginello and his firm are first class. Will fight tooth and nail for you.”

Why Houston Construction Workers Choose Attorney911

When your livelihood and health are on the line, the choice of legal representation is the most important decision you’ll make. Here’s what sets our Texas firm apart:

• Depth of Experience: Ralph Manginello brings over 25 years of litigation experience, including federal court and mass tort litigation like the BP explosion case. This isn’t our first rodeo against billion-dollar corporations.
• Insider Insurance Knowledge: Lupe Peña’s years at a national defense firm give us a critical edge in predicting and countering defense tactics.
• A Record of Multi-Million Dollar Results: We have a proven history of securing significant settlements and verdicts for catastrophically injured clients.
• Personalized, Communicative Service: With 251+ Google reviews and a 4.9-star rating, clients like Chad Harris feel like “FAMILY.” Our paralegal, Leonor, is mentioned over 80 times for her dedicated communication.
• Bilingual, Statewide Service: With fluent Spanish services and offices in Houston, Austin, and Beaumont, we serve all of Texas.
• Contingency Fee: You pay nothing unless we win. Our standard fee is 33.33% before trial and 40% if your case goes to trial. We advance all case costs.

Immediate Steps to Take After a Houston Construction Accident

1. Seek Medical Attention: Your health is paramount. Even if you feel “okay,” some injuries like concussions or internal bleeding have delayed symptoms. A medical record also creates a crucial link between the accident and your injuries.
2. Report the Accident: Notify your supervisor and employer in writing immediately. Failure to report can jeopardize both workers’ comp and liability claims.
3. Document Everything: If you are able, take photos of the accident scene, your injuries, equipment involved, and any hazardous conditions. Get names and contact information of witnesses.
4. Preserve Evidence: Do not clean or repair any personal protective equipment (PPE) that failed. Keep the clothes you were wearing.
5. DO NOT Give Statements: Politely decline to give any recorded or detailed written statements to insurance adjusters (even your employer’s) before consulting with an attorney. They are trained to elicit answers that harm your claim.
6. Contact a Construction Accident Lawyer Immediately: Call 1-888-ATTY-911. The sooner we get involved, the sooner we can send spoliation letters to preserve site video, safety manuals, and equipment logs that might otherwise be “lost.”

Frequently Asked Questions (FAQ)

What if I was partially at fault for my construction accident?

Under Texas’ modified comparative fault rule, you can still recover damages as long as you are less than 51% responsible. Your compensation will be reduced by your percentage of fault. An experienced attorney is essential to counter the defense’s attempts to exaggerate your share of blame.

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

You have the right to sue your employer directly for negligence. These cases can be more complex, but they also allow for the recovery of full damages, including pain and suffering, which are limited under workers’ comp. It is crucial to have an attorney to navigate this path.

How long do I have to file a construction accident lawsuit in Texas?

The statute of limitations for personal injury in Texas is generally two years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003). For wrongful death, it is two years from the date of death. Missing this deadline forfeits your rights forever.

Can I be fired for filing a construction accident claim or lawsuit?

Texas is an at-will employment state, but it is illegal for an employer to retaliate against you for filing a workers’ compensation claim in good faith (Texas Labor Code § 451.001). Retaliation for filing a third-party lawsuit is also legally precarious for them. If you suspect retaliation, contact us immediately.

What if the negligent party is a subcontractor from another company?

This is a common and powerful scenario. You can absolutely sue that subcontractor. Often, the general contractor may also be liable under a premises liability or negligent hiring/supervision theory for failing to ensure a safe worksite.

Do I really need a lawyer, or can I handle the workers’ comp claim myself?

You can file a workers’ comp claim yourself, but as the video notes, claims are often denied or benefits are insufficient. An attorney ensures you get the maximum medical benefits, fight denials, and explore third-party claims that a workers’ comp claim alone would not address. Given the high stakes, professional guidance is strongly advised.

Your Next Step: A Free, No-Obligation Consultation with Attorney911

The path forward after a construction accident is daunting, but you don’t have to walk it alone. At Attorney911, we combine Ralph Manginello’s quarter-century of trial leadership with Lupe Peña’s insider insurance defense knowledge to create a formidable advocate for injured Texas workers. We’ve taken on billion-dollar corporations and helped clients like you recover the resources needed to heal and move forward.

As Houston’s own Trae Tha Truth has recommended our firm, you can trust that we are deeply rooted in this community and committed to its people. Don’t let the insurance companies or your employer dictate your future. Take control by speaking with a legal professional who will give you honest, straightforward advice about your options.

Call our legal emergency line now at 1-888-ATTY-911 or visit attorney911.com to schedule your free consultation. We serve clients across Texas from our offices in Houston, Austin, and Beaumont. Hablamos Español. Remember, there is no fee unless we win your case.

Frequently Asked Questions

What should I do immediately after a construction accident in Texas?

Seek medical attention first, then report the accident to your supervisor in writing. Document the scene with photos, get witness information, preserve any damaged equipment or PPE, and do not give any statements to insurance adjusters. Most importantly, contact a construction accident attorney immediately at 1-888-ATTY-911 to protect your rights and begin preserving critical evidence.

Can I sue my employer for a construction accident in Houston?

In Texas, if your employer carries workers’ compensation insurance, you generally cannot sue them for negligence, with rare exceptions. However, you can always sue other negligent third parties on the job site, such as general contractors, subcontractors, or equipment manufacturers. If your employer does not carry workers’ comp (a ‘non-subscriber’), you can sue them directly for negligence.

How long do I have to file a lawsuit for a construction injury?

Texas has a two-year statute of limitations for personal injury lawsuits, including those arising from construction accidents (Texas Civil Practice & Remedies Code § 16.003). This means you have two years from the date of the accident to file a lawsuit. For wrongful death, the deadline is two years from the date of death. Missing this deadline permanently bars your claim.

What if my workers’ compensation claim is denied?

You have the right to appeal a denial through the Texas Department of Insurance, Division of Workers’ Compensation. This process involves mediation and potentially a contested case hearing. It is highly technical and adversarial. Having an experienced attorney like those at Attorney911 significantly increases your chances of overturning a wrongful denial and securing the benefits you need.

What makes Attorney911 different from other Houston construction accident law firms?

Attorney911 combines Managing Partner Ralph Manginello’s 25+ years of trial experience and federal court litigation background with Associate Attorney Lupe Peña’s insider knowledge from years working for insurance defense firms. This unique combination means we not only know how to fight for you in court but also understand exactly how insurance companies value and defend against claims, giving our clients a distinct strategic advantage.

How much does it cost to hire Attorney911 for a construction accident case?

We work on a contingency fee basis, meaning we only get paid if we recover money for you. Our standard fee is 33.33% of the recovery if the case settles before a lawsuit is filed or before trial, and 40% if the case goes to trial. We advance all case costs (like filing fees and expert witnesses) and are only reimbursed if we win. You pay nothing upfront and owe us nothing if we do not recover compensation for you.