What to Do After a Construction Site Accident in Texas
Construction sites are high-risk environments. A fall, a collapsing scaffold, or contact with heavy equipment can turn a normal day into a medical emergency. If you’re injured on a Texas job site, what you do next can affect your health, your ability to work, and your right to recover compensation. Contact our Austin construction site accident attorney at (512) 280-0800 for a free consultation.
In Texas, not every employer carries workers’ compensation insurance. That’s why the details matter—what you report, what you document, and who you talk to in the first 24 hours can change everything. Here’s how to protect yourself from the start.
Immediate Actions After a Construction Injury
The early steps you take—before attorneys or adjusters get involved—can define your entire case. If you’re still on-site or able to take action within the first few hours, start here.
1. Get Medical Attention
Don’t wait. Go to the ER, an urgent care clinic, or a workplace medical provider right away—even if your symptoms seem minor. Injuries involving the back, head, or joints can worsen overnight or with physical activity.
Why this matters: Medical records created on the day of the accident help establish that your injuries came from the incident—not from something else later.
2. Notify Your Employer
You have 30 days. That’s the maximum time allowed under Texas law to report a workplace injury to your employer. But waiting even a few days can lead to problems. Notify your supervisor in writing—email, text, or formal report—and keep a copy.
3. Be Specific in Your Report
Include:
- The time, location, and nature of the task
- Any tools or equipment involved
- Environmental conditions (e.g., wet surfaces, poor lighting)
- The names of coworkers nearby
Avoid speculating about fault. Just state what happened and what symptoms you experienced.
Document Everything Before the Accident Scene Changes
Construction sites are cleaned, reconfigured, or shut down quickly after an accident. If you wait, key details can disappear.
Photographs matter: Take wide-angle and close-up shots of the area where you were injured. Include tools, debris, equipment settings, and any safety measures—or lack of them. Capture your visible injuries as they progress, especially swelling or bruising.
Preserve gear: If your helmet cracked or a harness tore during the fall, keep it. Damaged equipment can support your case later.
Collect witness information: Ask coworkers for their names and phone numbers. Don’t assume the company will record this. Memories fade quickly, and people may be reluctant to speak up later.
Create your own timeline: Start a private journal. Log your pain levels, missed workdays, doctor visits and medical expenses, and any changes in physical ability. Personal records like these can make the difference between a partial settlement and a full one.
Be Careful What You Say—and What You Sign
Casual Comments Can Cost You
Telling a coworker “I’m fine” or saying “I should have been more careful” may seem like harmless remarks, but they can be twisted by an insurer or employer. Stick to the facts. Don’t assign blame or downplay your injuries.
Don’t Sign Anything Without Understanding It
You might be presented with a release, a settlement offer, or a standard-looking form. Some documents can limit or completely waive your right to sue. Others might cap the compensation you’re eligible to receive.
Get legal eyes on it first. A quick signature could permanently reduce the financial support available to you—before you even know how serious the injury really is. An experienced construction accident lawyer will help you take the right steps.
Workers’ Comp in Texas: What You Need to Know
Texas allows employers to opt out of the state’s workers’ compensation benefits system. Your path to recovery depends heavily on whether your employer has chosen to participate.
If Your Employer Carries Workers’ Comp
You’re generally limited to:
- Medical treatment
- Partial wage replacement
- Impairment income for lasting injury
- Death benefits for surviving family members
You may also be entitled to disability benefits if you’re unable to return to work.
You don’t need to prove your employer was at fault, but you also can’t sue them for negligence—even if they caused the unsafe condition.
If Your Employer Is a Non-Subscriber
You may have the right to file a personal injury lawsuit. In this scenario:
- You can seek full lost wages and future income
You may pursue compensation for pain and suffering - Texas law restricts the defenses available to your employer
Non-subscribing employers can’t argue that your coworker caused the construction site injury, that you accepted the risk, or that you were partially responsible. That makes many of these cases stronger than workers’ comp claims—if they’re documented well and filed on time.
Third-Party Liability: When Someone Else Is at Fault
Even if your employer is covered by workers’ comp, another party’s negligence might open the door to a separate legal claim—known as a third-party claim.
Who might be liable?
- Subcontractors: If a crew from another company created the unsafe condition
- Equipment manufacturers: If machinery failed because of poor design or production
- Vendors or delivery drivers: If their actions caused the construction accident on-site
- General contractors or site managers: If safety regulations weren’t enforced
You can file a third-party personal injury claim in addition to a workers’ comp claim. A third-party lawsuit allows for full compensation, including pain and suffering, emotional distress, and long-term disability—not just medical bills and partial wages.
Insurance Tactics You Should Expect
Insurance companies don’t exist to be fair. Their job is to minimize claims. Be prepared for:
Delayed approvals: You may find your treatment plan held up while “under review.”
Quick settlement offers: Especially in serious cases, adjusters may offer money fast—before the full scope of your injury is known, which is rarely in your best interest.
Pressure to return to work: Some employers may urge you to come back before you’re ready. If a doctor hasn’t cleared you, that can be dangerous—and it weakens your claim.
Disputed facts: Insurers may say you weren’t on the clock, weren’t authorized to be in that area, or didn’t follow procedures and it can lead to partial denial or delays in compensation.
The best way to avoid these traps is to document everything, limit your communication, and speak to a lawyer before making any decisions.
Deadlines That Can Limit or End Your Case
Deadlines under Texas law are strict and unforgiving.
Key filing windows:
- 30 days to report the injury to your employer
- 1 year to file a workers’ compensation claim with the state
- 2 years to file a personal injury lawsuit against a non-subscriber or third party
Missing any of these can end your case before it starts. Even if you’re still figuring out your options, consult a lawyer early enough to preserve your rights.
When to Get a Lawyer Involved
Not every scrape requires legal help. But if your injuries are serious, your ability to work is affected, or someone is trying to rush your decisions, it’s time to get an experienced construction accident lawyer involved.
You need the help of an experienced attorney if:
- You’re unsure whether your employer has workers’ comp
- Another contractor or third party may be involved
- Your medical care is delayed, limited, or denied
- You’re being pressured to return to work too soon
- You’re being asked to sign a release or accept a settlement
- Your injury has long-term implications or permanent effects
Protect Your Future While You Can
Construction injuries are disruptive by nature. You’re not just facing pain and recovery—you’re juggling missed paychecks, insurance confusion, and uncertainty about what comes next. The steps you take immediately after the injury can determine whether you’re left paying out of pocket or supported through recovery.
At Loewy Law Firm, we help injured construction workers throughout Texas sort through these exact situations. Whether your employer carries workers’ comp or not, and whether a third party was involved or not, we’re here to give you clear, honest answers—without pressure.
If you need guidance after a construction site accident, reach out. A single call can help you take the next step with clarity and confidence. We’ll use our many years of experience with construction accident claims to maximize your compensation. Call (512) 280-0800 or send us an email to schedule a free, no-obligation consultation. You only pay if we win.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.