Most people assume a workplace injury just means a workers’ comp claim and nothing more. In Texas, that assumption can cost you. A surprising number of construction companies in Austin don’t carry workers’ comp at all, which can open the door to a full negligence claim instead of capped benefits.
At George Salinas Injury Lawyers, we sort out which path applies to your case, in English or Spanish, and you don’t pay unless we win.
Call (512) 851-1004 for a free, no-obligation case review. We’re available 24/7, and your consultation costs nothing.
Resources On This Page
- What Types of Construction Accidents Do We Handle in Austin?
- Suing for a Construction Injury in Texas
- Who Can Be Held Liable Beyond Your Employer?
- What Compensation Can You Recover After a Construction Accident?
- The Cost of Hiring an Austin Construction Accident Lawyer
- How Long Do You Have to File a Construction Accident Claim in Texas?
- What to Do After a Construction Accident in Austin
- Why Austin Trusts George Salinas Injury Lawyers With Construction Cases
- Ask George Salinas Injury Lawyers
- Frequently Asked Questions
- Talk to an Austin Construction Accident Lawyer Today
What Types of Construction Accidents Do We Handle in Austin?
We handle every major type of construction site injury, including falls from scaffolding, ladders, or roofs; crane and rigging failures; electrocutions; trench and excavation collapses; and workers struck by falling tools, materials, or equipment.
These are consistently the leading causes of construction injuries and deaths nationwide, OSHA calls them the “Fatal Four”, and Austin’s nonstop building boom means our team sees them often. Whether you work for a general contractor, a subcontractor, or you were hurt as a bystander or driver near a job site, we can evaluate your case.
Cases we regularly take on:
- Falls from heights — scaffolding, roofs, ladders, unguarded edges
- Struck-by accidents — falling tools, debris, or building materials
- Caught-in or caught-between accidents — trench collapses, machinery
- Electrocutions and electrical burns
- Crane, lift, and rigging failures
- Defective tools and equipment
- Vehicle and heavy-equipment accidents on or near the site
From the high-rises reshaping downtown to the I-35 expansion projects cutting through the city, Austin’s growth means more cranes, more scaffolding, and more workers exposed to risk every day, and we’ve built our construction practice around that reality.
Suing for a Construction Injury in Texas
Often, yes, Texas is the only state that lets employers opt out of workers’ compensation insurance entirely. If your employer is one of these “non-subscribers,” you can typically sue them directly for negligence instead of being limited to workers’ comp benefits, and Texas law strips non-subscribing employers of several defenses they’d otherwise be able to use against you.
If your employer does carry workers’ comp, you’re generally limited to comp benefits and can’t sue your employer directly except in narrow situations, such as gross negligence resulting in death. That doesn’t end your options, it usually just shifts the question to who else might be responsible, which we cover next.
If your employer is a non-subscriber, Texas law won’t let them argue that you assumed the risk or that a coworker caused your injury, which puts you in a notably stronger position than a typical workplace injury case in most other states.
Who Can Be Held Liable Beyond Your Employer?
Construction sites involve many companies working side by side, general contractors, subcontractors, property owners, equipment manufacturers, and any one of them can be legally responsible for your injury depending on who controlled the hazard that hurt you.
Even when you can’t sue your own employer because of workers’ comp, you may still have a valid claim against one of these other parties.
We investigate every job-site relationship to identify everyone who may share responsibility, including:
- The general contractor, if a site-wide safety failure caused your injury
- Other subcontractors whose crews or equipment created the hazard
- The property owner, if a dangerous condition on the site contributed to your injury
- Equipment manufacturers, if defective machinery or tools were involved
- Other drivers, if you were hurt by a vehicle near the work zone
A third-party claim like this can often run alongside your workers’ comp benefits, which means you may be able to recover more than comp alone would ever pay.
Not sure who’s responsible for your injury? Call (512) 851-1004 and we’ll walk through it with you, free of charge.
What Compensation Can You Recover After a Construction Accident?
A successful construction accident claim can recover your full lost wages, all past and future medical costs, pain and suffering, and, in catastrophic cases, compensation for long-term care or lost earning capacity. That’s a meaningfully broader recovery than workers’ comp alone typically provides, since comp generally caps wage replacement and doesn’t pay for pain and suffering at all.
What you ultimately recover depends on whether your claim is against a non-subscriber employer, a third party, or both, and on the severity of your injuries. Catastrophic injuries, spinal cord damage, traumatic brain injury, amputation, severe burns, carry the highest case values and require the kind of damage model that only comes from working with medical and safety experts early in the case.
The Cost of Hiring an Austin Construction Accident Lawyer
Nothing upfront. We handle construction accident cases on a contingency-fee basis, which means you pay no attorney fees unless we recover compensation for you. Your initial consultation is free, and there’s no obligation to hire us afterward.
We also cover the upfront costs of building your case, expert witnesses, investigators, accident reconstruction, because a real fight against a general contractor’s insurance company takes real investment, not just a phone call.
How Long Do You Have to File a Construction Accident Claim in Texas?
Texas generally gives injury victims two years from the date of the accident to file a personal injury lawsuit. That deadline can shift depending on who you’re suing, whether a government entity is involved, or the specific facts of your injury, so it’s worth confirming your exact deadline with a lawyer rather than assuming.
Waiting also risks losing evidence, witness memories fade, security footage gets overwritten, and equipment gets repaired or replaced. The sooner we’re involved, the more we can preserve.
What to Do After a Construction Accident in Austin
What you do in the hours and days after a construction accident can directly affect how much compensation you’re able to recover. Here’s what matters most:
- Get medical care immediately, even if you think you’re fine, and tell every provider the injury happened at work.
- Report the accident in writing to your supervisor or site safety officer, and request a copy of the incident report.
- Photograph the scene — equipment, safety gear, hazards — before anything gets moved, cleaned, or repaired.
- Get names and contact information for anyone who witnessed what happened.
- Don’t give a recorded statement to your employer’s insurer or the general contractor’s insurer without talking to a lawyer first.
- Don’t sign anything — a release, a settlement offer, a “voluntary” statement — until we’ve reviewed it.
Why Austin Trusts George Salinas Injury Lawyers With Construction Cases
We prepare every case for trial from day one. That’s the only way to ensure insurance companies and general contractors take your claim seriously.
- The Insider’s Advantage: Our team includes attorneys who previously represented insurance companies. We know exactly how the “other side” evaluates claims and how they attempt to minimize payouts. We identify their strategies before they do, allowing us to build a stronger case from the start.
- Proven Results: We bring over 110 years of combined legal experience and a track record of over $100 million recovered for our clients. We don’t accept lowball offers; we build a detailed damage model based on expert testimony.
- Trial-Ready Authority: George Salinas is a member of the American Board of Trial Advocates (ABOTA)—an elite, invitation-only group that requires extensive jury trial experience and peer endorsement.
- Local Commitment: From Travis County court procedures to Austin’s specific construction landscape, we know the local terrain. You will work directly with our legal team—never a call center.
We serve clients in English and Spanish, and we are ready to fight for your recovery.
Meet Our Top-Rated Austin Construction Accident Attorneys
Ask George Salinas Injury Lawyers
Q: Can I still get workers’ comp if I sue a third party for my construction accident?
A: Yes. Pursuing a third-party liability claim against a negligent contractor, property owner, or equipment manufacturer doesn’t cancel your workers’ comp benefits in Texas. You can often collect comp benefits for medical care and partial wage replacement while also pursuing a separate lawsuit against the party that actually caused your injury, which can lead to a larger overall recovery.
Q: What if my employer says the accident was my fault?
A: Your employer’s opinion isn’t the final word. If your employer is a non-subscriber, Texas law doesn’t let them blame you outright the way some other states allow, and even partial fault on your part doesn’t necessarily bar your claim. An attorney can investigate independently, witness statements, safety records, equipment logs, rather than relying on what your employer tells you.
Q: Is my claim worth more if I was hurt by defective equipment?
A: It can be. A defective tool, machine, or piece of safety equipment can support a product liability claim against the manufacturer, completely separate from any claim against your employer or the general contractor. That’s often an additional source of compensation, not a replacement for your other claims.
Q: Do undocumented workers have the right to sue after a construction accident in Texas?
A: Yes. Immigration status doesn’t take away your right to pursue compensation for a workplace injury in Texas, whether through workers’ comp, a non-subscriber claim, or a third-party lawsuit. We represent clients regardless of immigration status and discuss any concerns confidentially before you decide how to move forward.
Frequently Asked Questions
Do I need a lawyer if I already have workers’ comp for my construction injury?
Not always, but it’s worth a free consultation before you assume comp is your only option. Workers’ comp doesn’t pay for pain and suffering and often doesn’t fully cover lost wages, and you may have a separate claim against a third party even while collecting comp benefits.
What if I was hurt on a construction site but I don’t work in construction?
You can still have a claim. Drivers, pedestrians, and visitors injured by falling debris, construction vehicles, or unsafe conditions near a job site may have grounds for a personal injury claim against the contractor or property owner responsible for site safety.
How long does a construction accident case usually take?
It depends on the severity of your injuries and whether the responsible parties are willing to offer fair compensation without a lawsuit. Straightforward claims can resolve in months; cases involving catastrophic injuries or multiple defendants often take longer because they require more investigation and expert testimony.
Will I have to go to court?
Most construction accident claims settle before trial, but we prepare every case as though it’s going to a jury. That preparation is often exactly what convinces an insurance company or general contractor to offer a fair settlement instead of risking a verdict.
Talk to an Austin Construction Accident Lawyer Today
If you were hurt on a construction site in Austin, the clock is already running on your claim, and so is the insurance company’s strategy to limit what they pay you. Call George Salinas Injury Lawyers at (512) 851-1004 for a free, no-obligation consultation in English or Spanish. There’s no fee unless we win.