Texas Construction Accident Lawyers: Fighting for Injured Workers in America’s Construction Capital

Third-Party Claims Beyond Workers’ Comp | Houston, Austin, Beaumont | 1-888-ATTY-911

Texas Leads the Nation—In Construction Worker Deaths

Texas is booming. Austin’s skyline is transformed by cranes building Texas’s tallest building. Houston’s downtown is being reinvented with billions in development. Construction sites dot every highway, neighborhood, and commercial district across the state.

But behind this building boom lies a troubling reality: Texas leads the nation in workplace fatalities.

The Statistics Are Staggering

• 58 workplace deaths reported to OSHA in Texas in 2024—the highest of any state
• 52 construction fatality/catastrophe incidents in Southeast Texas alone in Fiscal Year 2024
• Over 100 construction workers die on the job annually in Harris County (Houston)
• 1,069 construction workers died nationally in 2022—9.6 fatalities per 100,000 workers
• 20% of all fatal work injuries in the U.S. occur in construction

Why so many deaths in Texas? The state’s massive energy, petrochemical, and construction industries create enormous risk. And the competitive pressure on contractors—especially smaller ones—sometimes leads to safety shortcuts. As one report noted, rapid economic growth and high-risk tasks can lead to safety compromises, particularly among smaller contractors.

When construction companies prioritize profits over worker safety, workers pay with their bodies—and sometimes their lives.

Recent Texas Construction Tragedies

October 2024: Jefferson County Fatal Fall
A construction worker died in Jefferson County after a 60-70 foot fall. Falls from height remain the leading cause of construction fatalities.

September 2023 (Cited March 2024): Houston-Area Trench Collapse
An 18-year-old construction worker was killed in a trench collapse. OSHA cited the Houston-area contractor for disregarding established safety protocols. Trench collapses are entirely preventable with proper shoring—and entirely deadly without it.

December 2024: Spring (Harris County) Vehicle Incident
A construction worker in Spring was hospitalized after a construction vehicle reportedly fell on him. OSHA investigated the site.

These aren’t just statistics. They’re fathers, sons, brothers, daughters, mothers—people who went to work expecting to come home safely.

Austin: Building Boom, Building Danger

Austin’s transformation from college town to global tech hub has created one of the nation’s most intense construction environments. Every tower rising from downtown, every tech campus spreading across the suburbs, every highway widening project requires construction workers working in dangerous conditions.

Austin Construction by the Numbers

• $10+ billion in projects underway in downtown Austin
• 21,506 apartments built in 2024—the highest construction rate of any U.S. city
• 15,000+ new apartment units expected to complete in 2025
• #1 large economic boomtown in the U.S. for 2025
• 51% GDP surge driving construction demand
• 27,000+ jobs supported by Austin’s economic development in 2024

Major Austin Construction Projects (2024-2025)

Austin’s construction workers are building:

The Waterline: At 1,022 feet, this will be Texas’s tallest building—featuring hotel, residential, retail, and office space. Expected to top out in August 2025.

321 West: A 58-story downtown tower scheduled for completion in late 2024/early 2025.

307 East: A massive 65-level, 756-foot mixed-use tower.

Austin Convention Center Redevelopment: A $1.6 billion project that will double the convention center’s size, with demolition starting April 2025.

Walnut Creek Wastewater Treatment Plant: A $1 billion expansion beginning in 2025.

I-35 Capital Express Central: A major highway project enhancing 28 miles of interstate, with elements continuing until 2033.

Apple Campus Expansion: A $1 billion campus expansion project.

Austin Construction Dangers

Austin’s construction boom creates specific hazards:

• High-rise construction: Work on 50+ story towers exposes workers to fatal fall risks
• Ladder falls: Austin’s FY2023 saw 31 workplace deaths, with 13 from falls (10 from elevated positions)—and improper ladder use increased in FY2024
• Intense construction schedules: Pressure to meet deadlines can lead to safety shortcuts
• Summer heat: Austin’s brutal summers create heat illness risks for outdoor construction workers
• Infrastructure work: Highway and utility projects expose workers to traffic and trench hazards

Attorney911’s Austin office serves construction workers throughout Central Texas—from downtown high-rise workers to suburban subdivision builders to infrastructure project crews.

Houston: Billions in Development, Thousands at Risk

Houston’s construction industry never stops. The nation’s fourth-largest city continues expanding—new hospitals, new highways, new neighborhoods, new commercial developments. Every project requires workers risking their lives.

Houston Construction by the Numbers

• 100+ construction workers die annually in Harris County alone
• Houston’s workplace fatality rate is considerably higher than Austin, Dallas, or San Antonio
• $5.7 billion I-45 expansion project plus additional segments valued at $907 million and $1.6 billion
• 6.2 million square feet of industrial space absorbed in Q3 2024
• TMC Helix Park: A 37-acre, 5-million-square-foot campus under development

Major Houston Construction Projects (2024-2025)

Houston construction workers are building:

TMC Helix Park: A 37-acre Texas Medical Center campus featuring research centers, labs, a 521-room hotel, conference center, and 350-unit residential tower.

I-45 Expansion Project: A massive TxDOT undertaking with billions in segments revamping downtown road networks and adding highway lanes.

The Residences at The Allen: A $290 million, 35-story skyscraper with luxury condos and hotel, with Phase II breaking ground in 2024.

Autry Park: A 14-acre urban village including multiple high-rise towers and a 40-story residential building (Hanover Buffalo Bayou).

East Blocks: A 10-block, 513,000-square-foot mixed-use redevelopment in EaDo.

MD Anderson Expansion: A $239.2 million research facility, part of a broader $777 million plan.

Main Street Promenade: Downtown transformation project for the 2026 FIFA World Cup.

Generation Park: Including a Biotechnology Training Center, high-tech Ikea distribution center, and BioHub II biomanufacturing hub.

Houston Construction Dangers

Houston’s construction environment presents unique hazards:

• Industrial construction: Petrochemical facilities, refineries, and industrial plants create additional risks
• Highway construction: I-45, I-69, and loop expansion projects expose workers to traffic dangers
• Hurricane damage repair: Post-storm reconstruction pressure can lead to safety shortcuts
• Extreme heat: Houston’s Gulf Coast humidity intensifies heat illness risk
• Trench work: Underground utility and infrastructure work creates cave-in hazards
• High-volume development: Simultaneous projects increase pressure on crews and equipment

Attorney911’s Houston headquarters serves construction workers throughout Harris County and the greater Houston metropolitan area—from Medical Center construction to suburban development to industrial facility work.

The OSHA “Fatal Four”: What Kills Construction Workers

OSHA has identified four hazard categories responsible for approximately 60-65% of all construction fatalities. Understanding the “Fatal Four” helps you understand what may have caused your injury—and who may be liable.

1. Falls (37%+ of Construction Deaths)

Falls are the leading cause of construction fatalities, accounting for over one-third of all construction deaths. Falls occur from:

• Scaffolding: Improperly erected, maintained, or accessed scaffolds
• Ladders: Improper ladder setup, defective ladders, or lack of training
• Roofs: Work on residential and commercial roofs without fall protection
• Elevated platforms: Aerial lifts, boom lifts, and scissor lifts
• Open floor holes: Unguarded openings in floors and walls
• Structural steel: Ironworkers on steel frames without adequate tie-off points

Austin’s FY2023 saw 13 fall-related deaths out of 31 total workplace fatalities—42% of all deaths. And the problem is getting worse, with increased falls from improper ladder use in FY2024.

Framing contractors saw a 200% increase in injury claims in 2024, with over 55% of incidents resulting from slips, trips, and falls from heights. The framing trade—working on residential and commercial structures before walls and floors are complete—is particularly dangerous.

Common Fall Hazard Violations:

• Failure to provide fall protection systems
• Improperly guarded floor openings
• Missing or inadequate guardrails
• Defective scaffolding
• Failure to train workers on fall hazards

2. Struck-By Incidents (8% of Construction Deaths)

Struck-by accidents occur when workers are hit by moving objects, falling materials, or vehicles. Common struck-by hazards include:

• Falling objects: Tools, materials, or debris dropped from above
• Crane loads: Swinging or falling crane loads
• Vehicles: Construction vehicles, forklifts, and equipment
• Rollover: Heavy equipment rollovers crushing workers
• Flying debris: Materials ejected from power tools or equipment

The December 2024 Spring (Harris County) incident—a construction vehicle reportedly falling on a worker—is a tragic example of struck-by hazards.

3. Electrocution (8% of Construction Deaths)

Electrocution occurs when workers contact live electrical sources. Construction electrocution hazards include:

• Overhead power lines: Cranes, aerial lifts, and equipment contacting lines
• Exposed wiring: Contact with live wires during renovation or demolition
• Power tool accidents: Defective tools or improper grounding
• Temporary electrical: Improperly installed construction site power
• Underground utilities: Striking buried power lines during excavation

4. Caught-In/Between (5% of Construction Deaths)

Caught-in/between accidents occur when workers are crushed, pinched, or caught between objects. These include:

• Trench collapses: Cave-ins that bury workers in excavations
• Equipment crushing: Workers caught between moving equipment and fixed objects
• Rotating machinery: Caught in unguarded machine parts
• Collapsing structures: Building or structural collapse during demolition or construction
• Material handling: Crushed by shifting or falling materials

The 2023 Houston-area trench collapse that killed an 18-year-old—leading to March 2024 OSHA citations—is a textbook caught-in/between fatality. Trench collapses happen fast and are almost always fatal. They’re also entirely preventable with proper shoring, sloping, or trench boxes.

Beyond Workers’ Compensation: Your Right to Sue Third Parties

Here’s what many injured construction workers don’t know: workers’ compensation may not be your only option.

The Workers’ Comp Limitation

In Texas, if your employer has workers’ compensation insurance, you generally cannot sue your employer for negligence—even if the employer’s negligence caused your injury. Workers’ comp provides limited benefits:

• Medical expenses (but not pain and suffering)
• Partial wage replacement (typically 70% of average weekly wage, capped)
• Impairment income benefits for permanent injuries
• Death benefits for families of killed workers

What workers’ comp does NOT provide:

• Full lost wages
• Pain and suffering compensation
• Mental anguish damages
• Full future earning capacity recovery
• Punitive damages for egregious conduct

Third-Party Claims: Your Path to Full Compensation

Construction sites are complex environments with multiple companies, contractors, and equipment manufacturers involved. If someone other than your employer caused your injury, you can file a third-party personal injury lawsuit—and recover damages far beyond workers’ comp benefits.

Potential Third-Party Defendants Include:

• General contractors: Who may be responsible for overall site safety
• Other subcontractors: Whose negligence created hazards that injured you
• Property owners: Who may be liable for dangerous conditions
• Equipment manufacturers: Whose defective products caused injury
• Equipment rental companies: Who rented unsafe equipment
• Architects and engineers: Whose design defects created hazards
• Material suppliers: Who supplied defective materials
• Safety contractors: Hired to ensure site safety but failed

For example: You’re employed by a subcontractor, working on a general contractor’s site. Scaffolding erected by a different subcontractor collapses, injuring you. You can:

1. Collect workers’ comp from your employer
2. Sue the scaffolding subcontractor for negligence
3. Potentially sue the general contractor for failing to ensure site safety
4. Sue the scaffolding manufacturer if equipment was defective

Multiple defendants often means multiple insurance policies—and larger total recovery.

Non-Subscriber Employers: Full Lawsuit Rights

Texas is unique: employers can opt out of workers’ compensation entirely. About one-third of Texas employers are “non-subscribers.” If your employer doesn’t have workers’ comp:

• You CAN sue your employer directly for negligence
• Your employer loses most common defenses (contributory negligence, fellow servant rule, assumption of risk)
• Recoveries often exceed what workers’ comp would have provided

Attorney911 evaluates every construction injury case to identify all potential defendants—maximizing your recovery beyond workers’ comp limits.

Why Attorney911 for Construction Accident Claims

Experience That Matters

Ralph Manginello, Managing Partner

• 25+ years of personal injury experience (Texas Bar since 1998)
• U.S. District Court admission—Southern District of Texas
• BP explosion litigation experience—taking on major corporations
• Federal court experience for complex claims

Learn more about Ralph Manginello

Lupe Peña, Associate Attorney

• Former insurance defense attorney—knows how insurers minimize claims
• Insider knowledge of defense tactics and valuation strategies
• Fluent in Spanish—hablamos español

Documented Results

Attorney911’s documented results include:

• Multi-million dollar settlement for client who suffered brain injury with vision loss in workplace accident
• Millions recovered for families facing wrongful death cases
• Case settled in the millions for client whose leg was injured in accident leading to amputation
• BP explosion litigation—one of the few Texas firms involved

Free Consultation | No Fee Unless We Win

We work on contingency. You pay:

• No upfront attorney fees
• No hourly billing
• Nothing unless we recover compensation

Free consultation. Call 1-888-ATTY-911.

Contact us today | Meet our attorneys

Hablamos Español. Lupe Peña is fluent in Spanish.

Types of Construction Accidents We Handle

Attorney911 represents construction workers injured in every type of construction accident. Each accident type presents unique liability questions—and unique opportunities for third-party claims.

Scaffolding Accidents

Scaffolding accidents are among the most common—and most catastrophic—construction injuries. When scaffolding fails, workers can fall 10, 20, 50 feet or more to unforgiving surfaces below.

Common Scaffolding Failure Causes:

• Improper erection: Scaffolding not built according to manufacturer specifications or OSHA requirements
• Defective components: Faulty planks, frames, braces, or connectors
• Overloading: Exceeding weight capacity with workers, materials, or equipment
• Missing guardrails: Lack of top rails, mid rails, or toe boards
• Inadequate foundation: Scaffolding on unstable or uneven surfaces
• Weather damage: Wind or storm damage not inspected before use
• Lack of inspection: Failure to inspect before each work shift

Potential Third Parties Liable for Scaffolding Accidents:

• Scaffolding erection contractor
• Scaffolding manufacturer (if defective design or components)
• Scaffolding rental company
• General contractor (for failing to ensure safe scaffolding)
• Site safety company (if hired to inspect scaffolding)

Ladder Accidents

Falls from ladders cause thousands of construction injuries annually. Austin’s FY2024 saw increased falls due to improper portable ladder use across all industries.

Common Ladder Accident Causes:

• Wrong ladder type: Using the wrong ladder for the task
• Improper setup: Incorrect angle, unstable base, or uneven footing
• Overreaching: Leaning too far instead of repositioning
• Defective ladder: Damaged rungs, broken feet, or structural failure
• Lack of training: Workers not trained on ladder safety
• Missing three-point contact: Not maintaining proper contact during climbing

Potential Third Parties Liable:

• Ladder manufacturer (if defective)
• Employer who provided defective ladder
• Site owner who failed to ensure proper equipment

Crane Accidents

Tower cranes dominate the skylines of Austin and Houston, lifting materials to high-rise construction projects. Mobile cranes serve countless construction sites. When cranes fail, the results are catastrophic—crushing workers, dropping loads, or toppling entirely.

Common Crane Accident Causes:

• Operator error: Inexperienced or improperly trained operators
• Overloading: Exceeding lift capacity causes tip-overs
• Power line contact: Boom or load contacts overhead electrical lines
• Rigging failure: Improper rigging allows loads to fall
• Mechanical failure: Boom collapse, cable failure, brake failure
• Ground conditions: Soft or unstable ground causes crane to tip
• Assembly errors: Improper tower crane assembly
• Weather: Operating in high winds beyond safe limits

Potential Third Parties Liable:

• Crane operating company (if separate from your employer)
• Crane manufacturer
• Crane rental company
• Rigging contractor
• General contractor overseeing lift operations
• Crane inspection company

Forklift and Heavy Equipment Accidents

Forklifts, skid steers, backhoes, bulldozers, and other heavy equipment fill construction sites. Equipment accidents cause struck-by, run-over, and crushing injuries.

Common Heavy Equipment Accident Causes:

• Operator error: Lack of training or certification
• Blind spots: Limited visibility causes struck-by injuries
• Mechanical failure: Brake failure, steering failure, hydraulic failure
• Tip-overs: Operating on unstable surfaces or slopes
• Lack of spotters: No ground guide for backing operations
• No seatbelts: Operator ejection during tip-overs

Potential Third Parties Liable:

• Equipment rental company
• Equipment manufacturer
• Maintenance contractor
• Operator’s employer (if different from your employer)

Trench and Excavation Accidents

Trench collapses are among the deadliest construction accidents. When walls cave in, workers can be buried under thousands of pounds of earth—crushing them or suffocating them within minutes. The 2023 Houston-area trench collapse that killed an 18-year-old demonstrates how quickly these preventable tragedies occur.

Common Trench Collapse Causes:

• Lack of protective systems: No shoring, shielding, sloping, or benching
• Unstable soil: Failure to classify soil and provide appropriate protection
• Water accumulation: Water undermines trench walls
• Vibration: Nearby equipment or traffic destabilizes soil
• Excavated material: Spoils piled too close to trench edge
• No competent person: Failure to have qualified person inspect conditions

OSHA Requirements: Trenches 5 feet deep or greater require protective systems. A competent person must inspect trenches daily and after weather events. These requirements exist because trench collapses are entirely preventable—and entirely deadly when ignored.

Potential Third Parties Liable:

• Excavation contractor
• General contractor who failed to ensure safe excavation
• Trench shoring supplier (if equipment was defective)
• Underground utility company (if utility contributed to collapse)

Electrocution Accidents

Construction workers face electrocution hazards from overhead power lines, underground utilities, temporary electrical systems, and power tools.

Common Electrocution Causes:

• Overhead power lines: Crane booms, ladders, scaffolding, or aluminum siding contacting lines
• Underground utilities: Excavation striking buried power lines
• Defective tools: Power tools with damaged cords or improper grounding
• Temporary power: Improperly installed construction electrical systems
• Missing lockout/tagout: Failure to de-energize electrical systems before work
• Wet conditions: Water increasing conductivity and shock risk

Potential Third Parties Liable:

• Utility company (if lines weren’t marked or protected)
• Electrical contractor
• Power tool manufacturer
• General contractor
• Property owner

Falling Object Accidents

Construction workers below are struck by tools, materials, and debris falling from above. These struck-by incidents cause traumatic brain injuries, spinal injuries, and death.

Common Falling Object Causes:

• Dropped tools: Tools not secured with lanyards or tethers
• Falling materials: Lumber, bricks, concrete, drywall falling during handling
• Crane load drops: Rigging failure or operator error dropping loads
• Debris from above: Demolition or cutting operations creating falling debris
• Scaffolding items: Tools or materials falling from scaffold platforms

Potential Third Parties Liable:

• Contractor working above who dropped object
• General contractor (site safety responsibility)
• Tool manufacturer (if lanyard/tether point defective)

Structural Collapse Accidents

Building collapses during construction—whether wall collapse, roof collapse, or total structural failure—cause catastrophic injuries and mass casualty events.

Common Structural Collapse Causes:

• Premature loading: Placing loads before concrete cures or connections are complete
• Design defects: Inadequate structural design
• Formwork failure: Concrete forms collapsing under pour weight
• Wall collapse: Masonry or concrete walls falling during or after construction
• Demolition errors: Unplanned collapse during demolition

Potential Third Parties Liable:

• Structural engineer (if design was defective)
• Formwork contractor
• General contractor
• Demolition contractor
• Concrete supplier (if concrete was defective)

Vehicle and Traffic Accidents

Construction workers on highway projects—like Houston’s I-45 expansion or Austin’s I-35 Capital Express—face constant traffic exposure. Workers are struck by passing vehicles, by construction vehicles, and by equipment in congested work zones.

Common Work Zone Accident Causes:

• Inadequate traffic control: Missing or improper barriers, signs, or flaggers
• Intrusion: Public vehicles entering work zones
• Backing vehicles: Dump trucks and equipment backing without spotters
• Distracted drivers: Both public drivers and equipment operators
• Nighttime visibility: Inadequate lighting in night work zones

Potential Third Parties Liable:

• Traffic control contractor
• General contractor responsible for work zone safety
• Public drivers who intrude into work zones
• Equipment operators from other contractors

Catastrophic Construction Injuries

Construction accidents often cause life-altering injuries requiring extensive medical treatment and resulting in permanent disability.

Traumatic Brain Injuries (TBI)

Falls, struck-by incidents, and vehicle accidents cause traumatic brain injuries ranging from concussions to permanent cognitive impairment.

TBI symptoms may include:

• Memory problems and confusion
• Difficulty concentrating
• Mood changes and depression
• Headaches and dizziness
• Vision and hearing problems
• Seizures
• Permanent cognitive deficits

Attorney911’s documented results include a multi-million dollar settlement for a client who suffered brain injury with vision loss in a workplace accident.

Spinal Cord Injuries

Falls and crushing injuries can damage the spinal cord, causing paralysis:

• Complete paralysis: No movement or sensation below injury level
• Incomplete injuries: Partial function below injury level
• Paraplegia: Paralysis of lower extremities
• Quadriplegia: Paralysis of all four limbs

Spinal cord injuries require immediate medical intervention, extensive rehabilitation, and often lifetime care and assistance.

Amputations

Construction equipment causes traumatic amputations—loss of fingers, hands, arms, feet, or legs. Even when limbs aren’t immediately severed, crushing injuries may require surgical amputation.

Attorney911’s documented results include a case settled in the millions for a client whose leg was injured in an accident, leading to amputation.

Severe Burns

Electrocution, fires, explosions, and contact with hot materials cause severe burns—some requiring years of surgery, skin grafting, and rehabilitation.

• Thermal burns: From fires, explosions, hot surfaces
• Electrical burns: From electrocution (often internal damage not visible)
• Chemical burns: From caustic materials on construction sites

Crush Injuries

Being caught between equipment, in trench collapses, or under falling materials causes crush injuries:

• Multiple fractures
• Internal organ damage
• Compartment syndrome
• Crush syndrome (life-threatening metabolic condition)
• Amputation (when limbs cannot be saved)

Fractures and Orthopedic Injuries

Falls and struck-by incidents cause fractures throughout the body:

• Skull fractures
• Spinal fractures
• Pelvic fractures
• Multiple limb fractures
• Joint injuries requiring replacement

Even “simple” fractures can result in permanent impairment, chronic pain, and inability to return to construction work.

Beaumont and Southeast Texas: Industrial Construction Country

Attorney911’s Beaumont office serves construction workers throughout Southeast Texas—a region where industrial construction dominates.

The Golden Triangle Construction Environment

The Golden Triangle (Beaumont, Port Arthur, Orange) hosts major petrochemical facilities that require constant construction and maintenance:

• Motiva Port Arthur Refinery: The largest refinery in North America requires continuous construction, turnaround, and expansion work
• ExxonMobil Beaumont Refinery: Major industrial construction site
• Total Port Arthur Refinery: Ongoing construction and maintenance
• Valero Port Arthur Refinery: Industrial construction workforce
• Huntsman Corporation: Chemical plant construction
• BASF Port Arthur: Chemical facility construction

Industrial Construction Hazards

Industrial construction in the Golden Triangle presents hazards beyond typical construction:

• Confined space work: Work in tanks, vessels, and enclosed spaces
• Elevated work on structures: Work at heights on refinery infrastructure
• Process hazards: Work near operating units with chemical and fire risks
• Turnaround pressure: Intense schedules during refinery shutdowns can lead to safety shortcuts
• Multiple contractor environment: Dozens of contractors on large industrial sites create coordination challenges

Our experience with refinery and plant accidents—including BP explosion litigation—directly translates to industrial construction injury cases.

Counties Served from Beaumont

• Jefferson County: Beaumont, Port Arthur, Nederland, Groves, Port Neches
• Orange County: Orange, Vidor, Bridge City, West Orange
• Hardin County: Silsbee, Lumberton, Kountze
• Jasper County: Jasper, Kirbyville
• Newton County: Newton

Your Rights After a Construction Accident

Understanding your rights is the first step to full recovery:

Report the Accident Immediately

Report your injury to your supervisor and ensure a written incident report is created. This documents the accident and triggers workers’ compensation requirements.

Get Medical Attention

Accept emergency treatment and follow through with medical care. Document all injuries—some may not be immediately apparent.

Preserve Evidence

If possible:

• Take photos of the accident scene
• Photograph the equipment or conditions involved
• Get names and contact information for witnesses
• Keep damaged personal protective equipment
• Write down what happened while fresh in your memory

Don’t Sign Anything

Don’t sign releases, settlements, or statements—especially from your employer or general contractor—without legal advice. These documents may waive rights you don’t yet know you have.

Contact Attorney911

Call 1-888-ATTY-911 for a free consultation. We evaluate:

• Whether third parties beyond your employer may be liable
• Whether your employer is a workers’ comp non-subscriber
• The full extent of your potential damages
• How to maximize your total recovery

Free consultation. No fee unless we win.

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The Construction Injury Legal Process

When you hire Attorney911 for your construction injury claim, we navigate the complex intersection of workers’ compensation and third-party litigation to maximize your recovery.

Phase 1: Investigation and Evaluation

Immediate Objectives:

• Secure evidence: We send preservation letters to all parties, demanding they preserve evidence including incident reports, safety records, equipment, and photos
• Identify all parties: Construction sites involve multiple companies—we identify every potentially liable third party
• Confirm workers’ comp status: We determine whether your employer is a workers’ comp subscriber or non-subscriber
• Analyze contracts: Construction contracts often contain indemnity provisions that affect liability

Site Investigation:

• Inspecting the accident scene (when accessible)
• Photographing conditions and equipment
• Interviewing witnesses (coworkers, supervisors, other contractors)
• Reviewing OSHA records and citations
• Consulting safety experts when needed

Phase 2: Workers’ Compensation Coordination

If your employer has workers’ comp, you’re entitled to benefits. We help ensure you receive:

• Medical benefits: All reasonable medical treatment
• Temporary Income Benefits (TIBs): Wage replacement while unable to work (typically 70% of average weekly wage)
• Impairment Income Benefits (IIBs): Benefits for permanent impairment
• Supplemental Income Benefits (SIBs): Extended benefits for severe impairment
• Lifetime Income Benefits (LIBs): For catastrophic injuries like paralysis or severe brain injury

We coordinate with your workers’ comp claim while pursuing third-party claims—ensuring benefits aren’t interrupted while we build the larger case.

Phase 3: Third-Party Claim Investigation

This is where the real value lies. We investigate:

General Contractor Liability:

• Did they maintain site safety?
• Did they coordinate subcontractor activities?
• Did they provide adequate safety oversight?
• Did they retain control over the work?

Other Subcontractor Liability:

• Did another contractor create the hazard that injured you?
• Did they fail to warn of hazards they created?
• Did they interfere with your safe workspace?

Equipment and Product Liability:

• Was equipment defective?
• Was equipment properly maintained?
• Did equipment rental company provide safe equipment?
• Did manufacturer warn of hazards?

Property Owner Liability:

• Did the owner know of hazardous conditions?
• Did the owner retain control over safety?
• Did the owner create unsafe conditions?

Phase 4: Medical Documentation

We work with your medical providers to document:

• The full extent of your injuries
• Required treatment and prognosis
• Permanent impairment (if any)
• Work restrictions and limitations
• Future medical needs

For serious injuries, we may engage:

• Life care planners: To project lifetime medical costs
• Vocational experts: To document lost earning capacity
• Medical experts: To explain complex injuries to juries

Phase 5: Demand and Negotiation

We prepare comprehensive demands to each liable party, documenting:

• How the accident occurred
• How each party is legally responsible
• The full extent of your damages
• Our demand for compensation

Lupe Peña’s defense background becomes critical here. As a former insurance defense attorney, he knows how insurance companies evaluate claims and what makes them settle. As he explains:

“Insurance adjusters have formulas and guidelines for valuing claims. I’ve used those systems from the defense side. Now I know how to structure demands that hit their valuation triggers—and how to identify when their offers are unreasonably low so we can push back effectively.”

Phase 6: Litigation (When Necessary)

If defendants won’t offer fair settlements, we file suit. Construction cases may be filed in:

• Texas state court: For most third-party claims
• Federal court: When parties are from different states (diversity jurisdiction)

Ralph Manginello’s federal court admission and 25+ years of trial experience ensure you’re represented in whatever court provides the best result.

Litigation Phases:

• Discovery: Obtaining documents, taking depositions, and uncovering evidence defendants tried to hide
• Expert testimony: Safety experts, engineers, and medical experts supporting your claims
• Mediation: Court-ordered settlement conferences where many cases resolve
• Trial: If necessary, presenting your case to a jury

Phase 7: Resolution and Recovery

When your case resolves—through settlement or verdict—we:

• Negotiate medical lien reductions to maximize your recovery
• Resolve workers’ comp subrogation claims (their right to reimbursement from third-party recoveries)
• Ensure you receive the maximum net recovery

Understanding Your Damages

Third-party claims allow recovery far beyond workers’ compensation limits:

Economic Damages

Past Medical Expenses: All medical costs from the date of injury through the present—including amounts workers’ comp paid (which they’re entitled to recover from your third-party settlement).

Future Medical Expenses: Projected lifetime medical costs, including:

• Future surgeries and procedures
• Ongoing therapy and rehabilitation
• Medications
• Durable medical equipment
• Home modifications (for severe injuries)
• Attendant care (for catastrophic injuries)

Past Lost Wages: Wages lost from injury through present. Third-party claims recover 100% of lost wages—more than workers’ comp’s 70% partial replacement.

Future Lost Earning Capacity: If you can’t return to construction work—or can only perform lower-paying work—you can recover the difference for your remaining work life. For a 30-year-old injured worker who can no longer earn construction wages, this can represent decades of lost income.

Non-Economic Damages

This is the major advantage of third-party claims over workers’ comp:

Pain and Suffering: Compensation for physical pain—both acute and chronic—caused by your injuries.

Mental Anguish: Emotional suffering, anxiety, depression, PTSD, and psychological impact of traumatic injury.

Disfigurement: Scarring, physical changes, and loss of limbs.

Physical Impairment: Loss of bodily function and physical capabilities.

Loss of Consortium: Impact on your relationship with your spouse (your spouse may have a separate claim).

Punitive Damages (In Certain Cases)

If a defendant’s conduct was grossly negligent—showing conscious indifference to worker safety—punitive damages may be available. Examples that might support punitive damages:

• Knowing about unsafe conditions but refusing to correct them
• Repeatedly ignoring OSHA citations
• Falsifying safety records
• Continuing operations despite stop-work orders

Wrongful Death Damages

If a construction worker is killed, surviving family members can bring wrongful death claims for:

• Loss of financial support and inheritance
• Loss of services, care, and guidance the deceased would have provided
• Mental anguish and loss of companionship
• Funeral and burial expenses

For more information: Wrongful Death Claims

OSHA Violations as Evidence

The Occupational Safety and Health Administration (OSHA) sets and enforces construction safety standards. When employers or contractors violate OSHA standards, those violations can serve as powerful evidence of negligence.

Common OSHA Construction Violations

Fall Protection (29 CFR 1926 Subpart M)

• Failure to provide fall protection at 6 feet or above
• Inadequate guardrails on scaffolds and platforms
• Missing covers for floor holes
• Lack of personal fall arrest systems

Scaffolding (29 CFR 1926 Subpart L)

• Missing guardrails, midrails, or toeboards
• Improper scaffold construction
• Scaffold not inspected before use
• Exceeding load capacity

Ladders (29 CFR 1926 Subpart X)

• Using damaged ladders
• Improper ladder setup
• Lack of training

Excavations (29 CFR 1926 Subpart P)

• Lack of protective systems in trenches 5 feet or deeper
• No competent person inspection
• Spoils too close to trench edge
• No means of egress

Electrical (29 CFR 1926 Subpart K)

• Improper grounding
• Exposed wiring
• Working near energized lines without protection

Cranes and Derricks (29 CFR 1926 Subpart CC)

• Operator not certified
• Operating too close to power lines
• Exceeding load capacity

Using OSHA Records in Your Case

We obtain OSHA records to support your claim:

• Inspection reports: Documenting conditions at the time of accident
• Citations: Showing what violations OSHA found
• Prior violations: Demonstrating pattern of safety failures
• Investigation files: Evidence OSHA collected

While OSHA violations don’t automatically prove negligence, they are strong evidence that defendants failed to meet established safety standards.

Why Choose Attorney911 for Your Construction Accident Claim

Construction accident cases require attorneys who understand both personal injury law and the complex construction industry environment. Attorney911 delivers:

Experience Taking On Major Corporations

Construction projects are controlled by major contractors, billion-dollar developers, and sophisticated corporations with well-funded legal teams. Our BP explosion litigation experience demonstrates we can take on the biggest defendants—and win.

Insider Insurance Knowledge

Lupe Peña’s background as an insurance defense attorney means we understand how construction injury claims are valued and defended. We know:

• How insurance companies investigate and evaluate construction claims
• What defense tactics they use to minimize payouts
• How to structure cases to maximize recovery
• When to push back on inadequate offers

“Construction defendants often try to blame the injured worker, claim they assumed the risk, or argue that various contractors should share liability to reduce any single payment. I’ve used those tactics from the defense side. Now I know how to defeat them.” — Lupe Peña

Federal Court Capability

When construction defendants are based out-of-state—a common situation with national contractors—cases may be removed to federal court. Ralph Manginello’s federal court admission ensures seamless representation wherever your case belongs.

Documented Results

• Multi-million dollar settlement: Brain injury with vision loss in workplace accident
• Millions recovered: Wrongful death cases
• Case settled in the millions: Leg injury leading to amputation
• BP explosion litigation: One of the few Texas firms involved

Statewide Coverage

Houston Office (Headquarters)

Attorney911 – The Manginello Law Firm, PLLC
1177 W Loop S Suite 1600
Houston, TX 77027
Phone: (713) 528-9070

Serving construction workers throughout:

• Downtown Houston development projects
• Medical Center expansion
• I-45 and highway construction
• Suburban commercial and residential construction
• Industrial facility construction along the Ship Channel

Austin Office

Serving construction workers throughout Central Texas including:

• Downtown high-rise construction (Waterline, 321 West, 307 East)
• Convention Center redevelopment
• I-35 Capital Express project
• Tech campus construction (Apple, Amazon, Samsung)
• Residential development throughout Travis, Williamson, and Hays Counties

Beaumont Office

Serving construction workers throughout Southeast Texas including:

• Refinery construction and turnaround work
• Petrochemical facility construction
• Port of Beaumont development
• Industrial and commercial construction

4.9-Star Reviews (251+ Reviews)

“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” — Chad Harris

“Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.” — Jamin Marroquin

“One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.” — Donald Wilcox

Bilingual Services

Many construction workers are Spanish-speaking. Attorney Lupe Peña is fluent in Spanish—ensuring you receive full legal representation without language barriers. Hablamos español.

No Fee Unless We Win

We work on contingency:

• No upfront attorney fees
• No hourly billing
• Nothing unless we recover compensation

Fee structure:

• 33.33% if case settles before trial
• 40% if case goes to trial

We front all case costs—investigation, experts, court fees—so you risk nothing.

Free consultation. No fee unless we win. Call 1-888-ATTY-911.

Contact us today | Meet our attorneys

Frequently Asked Questions About Texas Construction Accident Claims

Can I sue my employer for a construction accident?

It depends on whether your employer has workers’ compensation insurance:

If your employer HAS workers’ comp: Generally, no. Workers’ compensation provides your “exclusive remedy” against your employer. You receive workers’ comp benefits for work injuries but cannot sue your employer for negligence.

If your employer is a NON-SUBSCRIBER: Yes. Texas allows employers to opt out of workers’ compensation. If your employer doesn’t have workers’ comp, you CAN sue them directly—and they lose important defenses like contributory negligence, fellow servant rule, and assumption of risk.

Either way, you may have third-party claims against parties other than your employer. Call Attorney911 at 1-888-ATTY-911 for a free evaluation.

What is a third-party construction accident claim?

A third-party claim is a lawsuit against someone other than your employer who contributed to your injury. Construction sites involve many companies—general contractors, subcontractors, equipment manufacturers, property owners—and any of them might be liable for your injury.

Third-party claims allow you to recover damages beyond workers’ compensation, including pain and suffering, full lost wages, and future earning capacity.

How do I know if I have a third-party claim?

You may have a third-party claim if:

• A different contractor created the hazard that injured you
• Equipment or machinery was defective
• The general contractor failed to maintain site safety
• The property owner knew about dangerous conditions
• A rental company provided unsafe equipment
• A product used on the site was defective

Attorney911 investigates every construction injury to identify all potentially liable third parties.

What compensation can I receive for a construction injury?

From workers’ compensation (if your employer is a subscriber):

• Medical expenses
• Temporary wage replacement (typically 70% of average weekly wage, capped)
• Impairment benefits for permanent injury
• Death benefits for families

From third-party claims:

• Full past lost wages (100%, not 70%)
• Future lost earning capacity
• Past and future medical expenses
• Pain and suffering
• Mental anguish
• Disfigurement
• Loss of consortium (impact on marriage)
• Punitive damages (in certain cases)

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

In Texas:

• Personal injury claims: Two years from the date of injury
• Wrongful death claims: Two years from the date of death
• Product liability claims: May have different timeframes depending on circumstances

Don’t wait. Evidence disappears, witnesses forget, and companies close. Contact an attorney as soon as possible after your injury.

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

Texas follows “modified comparative negligence.” You can still recover damages as long as you were not more than 50% at fault. However, your recovery is reduced by your percentage of fault.

For example: If you’re found 20% at fault and your damages are $500,000, you would recover $400,000 (reduced by 20%).

Defense attorneys often try to blame injured workers. Having an experienced construction injury attorney protects you from unfair fault allocation.

Do I have to see my employer’s doctor for workers’ comp?

For emergency treatment, you can go to any doctor. For ongoing treatment, your employer’s workers’ comp carrier maintains a list of approved doctors in their Health Care Network. In most cases, you must use a doctor within the network for non-emergency care.

However, for third-party claims, you have more flexibility. We can help navigate the medical treatment requirements while pursuing your full recovery.

What if my employer doesn’t have workers’ compensation?

About one-third of Texas employers are “non-subscribers”—they don’t carry workers’ compensation insurance. If your employer is a non-subscriber:

• You CAN sue your employer directly for negligence
• Your employer loses important defenses
• You can recover damages unavailable through workers’ comp (pain and suffering, full wages)
• Your employer may have less financial resources to pay claims

Non-subscriber cases often result in larger recoveries than workers’ comp benefits—but they require proving employer negligence.

How much is my construction injury case worth?

Case value depends on many factors:

• Severity of injury: Catastrophic injuries (amputation, paralysis, TBI) are worth more than temporary injuries
• Medical expenses: Past and future treatment costs
• Lost wages: Both past losses and future earning capacity
• Pain and suffering: Physical and emotional impact
• Liability clarity: How clearly third parties are at fault
• Insurance coverage: What policies are available to pay claims

Attorney911’s documented results include multi-million dollar settlements for brain injuries, amputations, and wrongful death. We evaluate each case individually during your free consultation.

Will OSHA investigate my accident?

OSHA typically investigates construction accidents involving:

• Fatalities (must be reported within 8 hours)
• Hospitalizations, amputations, or loss of an eye (must be reported within 24 hours)
• Complaints from workers or their representatives
• Referrals from other agencies

For non-fatal accidents, there may not be an OSHA inspection. However, we can file OSHA complaints on your behalf and request investigations that may reveal violations supporting your claim.

Can I receive benefits while my lawsuit is pending?

Yes. Workers’ compensation benefits continue during third-party litigation. You receive medical benefits and wage replacement while we pursue your larger third-party claim.

Note: Workers’ comp carriers have a right to be reimbursed from your third-party settlement. We negotiate these “subrogation” claims to maximize your net recovery.

What should I do immediately after a construction accident?

1. Get medical attention: Your health is the priority
2. Report the injury: Report to your supervisor and ensure documentation
3. Preserve evidence: Photos, witness names, damaged equipment (if safe)
4. Don’t give statements: Don’t sign anything or give recorded statements without legal advice
5. Call Attorney911: 1-888-ATTY-911 for a free consultation

How do I afford an attorney?

Attorney911 works on contingency—you pay nothing unless we win your case. We front all costs including investigation, experts, and court fees. If we don’t recover compensation, you owe us nothing.

What if my employer pressures me not to file a claim?

Employer retaliation for filing workers’ comp claims or injury lawsuits is illegal in Texas. If your employer threatens you, demotes you, or terminates you for asserting your legal rights, you may have additional claims for retaliation.

Document any retaliatory conduct and report it to us immediately.

Do I need an attorney if I’m receiving workers’ comp?

Workers’ compensation is designed to process straightforward claims. But many claims are disputed, delayed, or undervalued. An attorney helps when:

• Your claim is denied
• Your employer disputes the injury occurred at work
• You’re not receiving proper medical treatment
• Your impairment rating seems too low
• You have potential third-party claims

For third-party claims, attorney representation is essential. These are complex personal injury cases requiring investigation, expert witnesses, and litigation skills.

Construction Safety Resources

OSHA Construction Safety Resources

OSHA provides extensive resources for construction workers:

• OSHA Construction Focus: www.osha.gov/construction
• OSHA Outreach Training: 10-hour and 30-hour safety certification courses
• OSHA Complaint Hotline: 1-800-321-OSHA (6742)
• OSHA Construction Standards: 29 CFR 1926

You have the right to request an OSHA inspection if you believe your workplace is unsafe.

Texas Department of Insurance – Division of Workers’ Compensation

DWC administers Texas workers’ compensation and can help with:

• Filing workers’ comp claims
• Disputes over benefits
• Medical treatment authorization
• Understanding your rights

Website: www.tdi.texas.gov/wc/

National Institute for Occupational Safety and Health (NIOSH)

NIOSH conducts research on occupational safety and provides construction safety resources:

• NIOSH Construction Program: www.cdc.gov/niosh/construction/
• Research on construction hazards and prevention
• Workplace health and safety recommendations

Contact Attorney911: Fighting for Texas Construction Workers

You build Texas. You construct the skyscrapers that define our cities, the highways that connect our communities, the homes where families live, and the hospitals where lives are saved. Every day, you risk your safety so others can live, work, and thrive in the structures you create.

When construction companies cut corners on safety—when they put profits over worker protection—the consequences can be devastating. Falls from unguarded heights. Crush injuries in unshored trenches. Electrocution from live wires. Catastrophic injuries that change lives forever.

You deserve better. You deserve compensation for your injuries. You deserve an attorney who understands both construction and the law.

Attorney911 is that firm.

Our Construction Accident Team

Ralph Manginello, Managing Partner

• Texas Bar since 1998 (25+ years experience)
• U.S. District Court admission—Southern District of Texas
• BP explosion litigation experience
• Multi-million dollar workplace injury settlements

Learn more about Ralph Manginello

Lupe Peña, Associate Attorney

• Former insurance defense attorney—knows how insurers minimize construction claims
• Insider knowledge of defense tactics
• Fluent in Spanish—hablamos español
• 3rd generation Texan

Office Locations

Houston Office (Headquarters)
Attorney911 – The Manginello Law Firm, PLLC
1177 W Loop S Suite 1600
Houston, TX 77027
Phone: (713) 528-9070

Serving construction workers throughout:

• Harris County and Greater Houston
• Downtown development and Medical Center expansion
• I-45 and highway construction projects
• Houston Ship Channel industrial construction
• Fort Bend, Montgomery, Brazoria, Galveston, and Chambers Counties

Austin Office
Serving construction workers throughout Central Texas including:

• Travis County, Williamson County, Hays County
• Downtown high-rise projects (Waterline, 321 West, 307 East)
• Austin Convention Center redevelopment
• Tech campus construction
• Highway projects (I-35 Capital Express)
• Bastrop and Burnet Counties

Beaumont Office
Serving construction workers throughout Southeast Texas including:

• Jefferson County, Orange County, Hardin County
• Refinery and petrochemical construction
• Port of Beaumont development
• Industrial turnaround and maintenance construction
• Jasper and Newton Counties

Related Practice Areas

Attorney911 represents injured workers across many practice areas:

• Refinery and Plant Accidents
• Offshore Injury Accidents
• Wrongful Death Claims
• Car Accidents
• 18-Wheeler Accidents
• Insurance Claim Disputes
• Motorcycle Accidents
• Pedestrian Accidents

The Statistics Demand Action

• Texas leads the nation in workplace fatalities—58 in 2024
• 100+ construction workers die annually in Harris County alone
• The “Fatal Four” cause 60-65% of construction deaths
• Falls account for over 37% of construction fatalities
• Framing contractors saw a 200% increase in injury claims in 2024

Construction companies have the resources to make sites safe. When they choose not to, injured workers need aggressive legal representation.

Contact Us Now

Free consultation. Confidential. No obligation.

• Call 24/7: 1-888-ATTY-911
• Phone: (713) 528-9070
• Email: ralph@atty911.com
• Online: Contact Form

Hablamos Español. Attorney Lupe Peña is fluent in Spanish.

We don’t get paid unless we win your case.

They cut corners on your safety. We’ll make them pay.

Call 1-888-ATTY-911 now.