Houston, TX Construction Accidents Lawyer

Injured in a Houston Construction Accident?

The Adley Law Firm Can Help You File a Claim and Hold Negligent Parties Accountable

Houston’s booming construction industry is a cornerstone of its economy, but it also means that construction workers face dangerous conditions every day. From towering high-rises downtown to extensive highway projects, construction sites are filled with heavy machinery, heights, electrical systems, and other hazards. Unfortunately, accidents on these sites occur far too often, leading to serious injuries or even fatalities. In fact, construction workers account for about 20% of all workplace fatalities in the U.S. each year (while only about 6% of the workforce), underscoring how risky this field can be. Texas has historically led the nation in construction-related workplace deaths​, and many of those tragedies happen right here in the Greater Houston area.

Construction accidents don’t just affect the injured worker – they can also take a heavy toll on that worker’s family. A sudden injury can mean mounting medical bills, lost income, and a long road to recovery. If you or a loved one has been hurt in a Houston construction accident, it’s crucial to understand your rights and options. Call The Adley Law Firm at (713) 999-8669 for a free consultation. We are here to help Houston construction workers and their families get through this difficult time.

Common Causes of Construction Accidents

Construction sites are inherently hazardous environments. Despite strict safety regulations, accidents still happen due to a variety of causes. Understanding how and why these accidents occur can help in both prevention and legal accountability. According to the Occupational Safety and Health Administration (OSHA), the leading causes of construction worker fatalities are often referred to as the “Fatal Four.” These include falls, being struck by objects, electrocutions, and caught-in/between incidents. Below are some of the most common causes of construction accidents in Houston:

Falls from Heights

Falls are the number one cause of death on construction sites, accounting for roughly one-third of all construction-related fatalities​. Workers often perform jobs on scaffolding, ladders, roofs, or steel frameworks high above the ground. Without proper fall protection (such as harnesses, guardrails, and safety nets), a slip or misstep can result in a deadly plunge. Even a fall from a relatively modest height can cause severe injuries like broken bones, head trauma, or spinal cord damage. Employers must follow OSHA fall protection standards, but when they fail to provide adequate safety gear or training, workers are put at grave risk.

Struck-by Falling Objects or Equipment

The second of OSHA’s “Fatal Four” is struck-by accidents. These occur when a worker is hit by a moving object or piece of equipment. On busy Houston construction sites, tools or materials can fall from heights and strike people below. Workers can also be struck by swinging equipment (like a crane load or wrecking ball) or by vehicles and heavy machinery (such as forklifts or dump trucks) if traffic control on the site is poor. A falling hammer or piece of lumber from a scaffold, for example, can cause catastrophic head injuries to someone unfortunate enough to be underneath. Wearing hard hats and securing tools and materials can help, but negligence or lack of proper protocols often leads to these injuries.

Equipment Failures and Machinery Accidents

Construction projects rely on heavy machinery and power tools. Equipment failures or misuse of machinery are a common cause of construction injuries. This category includes crane collapses, malfunctioning forklifts, defective power tools, or any situation where equipment breaks or behaves unexpectedly. For instance, if a crane’s cable snaps due to poor maintenance, the load it’s carrying could crash down onto workers. Likewise, a nail gun or saw with a defect could cause a serious accident. Regular equipment inspections and maintenance are vital, but if a manufacturer’s defect or an employer’s failure to maintain machinery causes an accident, those parties could be liable for the harm. Proper training in equipment operation is also key – many machinery accidents happen when an untrained or unsupervised worker is put in charge of dangerous equipment.

Electrocutions (Electrical Accidents)

Electrical accidents are another leading cause of injury on construction sites. Electrocution can occur when workers come into contact with live power lines, exposed wiring, or improperly grounded equipment. In a construction setting, there may be temporary power supplies, portable generators, and partially installed electrical systems that pose risks if not handled carefully. Houston’s construction sites often involve multi-story buildings where power lines may be overhead or cables run through unfinished structures. A single mistake – like using metal ladders near power lines or failing to shut off electricity in an area under work – can lead to a deadly shock. Electrocution injuries can include severe burns, nerve damage, heart failure, and other serious consequences. Compliance with OSHA electrical safety standards, using ground-fault circuit interrupters (GFCIs), and ensuring tools are properly insulated can prevent most of these incidents. When these precautions are ignored, workers are put in danger.

Caught-In/Between Incidents and Collapses

Caught-in/between accidents happen when a worker is crushed or trapped between two objects or in a collapsing structure. This can occur if a trench collapses, burying workers in soil (a known hazard in excavation work), or if a building under construction partially collapses. It can also happen if a worker gets caught in moving machinery (for example, a hand caught in a pulley or someone pulled into a machine with unguarded moving parts). These incidents often result in some of the most severe injuries, including crush injuries, amputations, or asphyxiation. For example, an improperly shored trench at a Houston construction site could cave in due to soft soil or heavy rain, trapping anyone inside. Likewise, if heavy equipment is not chocked or secured, it could roll and pin someone against a wall. Adhering to safety protocols – like trench boxes for excavations and machine guards on equipment – is critical to prevent these horrific accidents.

Other Common Causes

While the above are the major categories, there are other causes of construction accidents that shouldn’t be overlooked. Slip and trip incidents, for instance, might not sound as dramatic but can still lead to serious injuries. A cluttered job site with debris, spilled liquids, or uneven ground can cause a worker to trip, potentially leading to injuries like sprains or fractures. Houston’s climate also plays a role; extreme heat and humidity can cause heat stress or heat stroke in workers if they aren’t given proper rest and hydration. Additionally, lack of proper training or supervision is an underlying cause in many accidents – when workers aren’t trained in safety procedures or when supervisors push for faster work at the expense of safety, the likelihood of accidents increases. Every construction accident has unique factors, but negligence (whether by the employer, a contractor, or equipment manufacturer) is often a common thread.

Types of Injuries Sustained on Construction Sites

Accidents on construction sites can cause almost any kind of injury, from minor cuts to life-threatening trauma. Some of the most common and serious injuries construction workers in Houston suffer include:

• Broken Bones and Fractures: The impact from falls, being struck by objects, or machinery accidents frequently leads to broken bones. Fractures in the arms, legs, ribs, and pelvis are common, and some severe breaks may require surgeries, pins, or long-term rehabilitation. A high fall might result in multiple fractures at once.
• Head Injuries and Traumatic Brain Injuries (TBI): A blow to the head from a fall or a falling object can cause concussions, skull fractures, or traumatic brain injuries. Brain injuries are particularly frightening because they can lead to long-term cognitive problems, memory loss, personality changes, or permanent disability. Even with a hard hat on, a significant impact can result in a serious head injury.
• Spinal Cord Injuries: Falls from ladders or scaffolding and being crushed by heavy objects can injure the spine. Damage to the spinal cord can cause partial or complete paralysis (paraplegia or quadriplegia), dramatically altering the course of a victim’s life. Even less severe back injuries, like herniated discs, can cause chronic pain and limit one’s ability to work or move normally.
• Severe Cuts and Lacerations: Construction work often involves sharp tools and materials (saws, metal, glass). Accidents can lead to deep cuts or even amputations of fingers, toes, or limbs. An incident with a power saw or an unguarded machine can result in a lost hand or severe laceration that causes nerve damage.
• Burns: Fires, explosions, or electrical accidents on a job site can cause serious burn injuries. Chemical burns can also occur if hazardous substances (like concrete mix, solvents, or acids) contact the skin. Severe burns might require skin grafts and can lead to significant scarring, infection, and long recovery times.
• Electrocution Injuries: An electrical shock can cause internal injuries that aren’t immediately visible. Electrocution may result in heart rhythm disturbances or cardiac arrest, nerve damage, muscle injury, and deep tissue burns. Survivors of electrocution might suffer long-term muscle pain, numbness, or weakness.
• Internal Injuries: A crushing incident (like a caught-in/between accident) can injure internal organs or cause internal bleeding. For example, a worker pinned by a heavy vehicle may sustain a punctured lung or liver damage. Internal injuries are life-threatening and often require emergency surgery.
• Joint and Muscle Injuries: Heavy lifting and repetitive strain can cause torn ligaments, knee injuries, shoulder injuries, or other musculoskeletal problems. While these can develop over time rather than from a single accident, they’re often aggravated by an incident (like a sudden fall wrenching a knee or shoulder).
• Psychological Trauma: Surviving a major construction accident (or witnessing one) can lead to mental health challenges such as post-traumatic stress disorder (PTSD), anxiety, or depression. Recovering physically is one battle, but workers often need support to recover emotionally from a terrifying incident.
• Fatal Injuries (Wrongful Death): Tragically, some construction accidents are fatal. If a worker loses their life, their family may be left grieving and facing financial strain. In such cases, Texas law allows certain family members to pursue a wrongful death claim to seek compensation for their loss. This can include damages for funeral expenses, lost financial support, and the emotional pain of losing a loved one.

Each injury has its own consequences and required treatments, but they all can impose significant hardships. Serious injuries often mean lengthy hospital stays, surgery, rehabilitation, and time out of work. It’s not uncommon for an injured construction worker to face tens or even hundreds of thousands of dollars in medical bills and lost wages. That’s why pursuing compensation is so important – to ensure that injured workers have the resources they need to heal and take care of their families.

Legal Options for Injured Workers in Texas

Suffering an injury in a construction accident can leave you overwhelmed, but it’s important to know that you have legal rights and options to seek compensation. Texas law provides multiple avenues for injured construction workers (or their families) to recover damages, but the available options can depend on the circumstances – especially whether your employer subscribes to workers’ compensation insurance or not. Here are the main legal options for construction accident injuries in Texas:

Workers’ Compensation Claims

Workers’ compensation is a no-fault insurance system that, in many states, covers almost all employers. Texas, however, is unique in that employers are not required to carry workers’ comp in all cases​. If your employer does have workers’ comp coverage (many do, especially larger companies and contractors), then an injury on the job will generally be handled as a workers’ compensation claim. Through workers’ comp, you can receive benefits for medical treatment and a portion of your lost wages. Workers’ comp in Texas also provides benefits to families of workers who are killed on the job.

There are pros and cons to workers’ comp. The upside is that you don’t have to prove your employer was negligent or did anything wrong – if you were hurt at work, you’re usually covered. The downside is that workers’ comp benefits are limited. For example, it typically does not pay for pain and suffering or full wage replacement, and the total payout may be far less than what you could get in a lawsuit. Additionally, if you accept workers’ comp, you generally cannot sue your employer for additional damages (this is called the “exclusive remedy” rule). One important note: Texas allows an exception if a worker dies and the employer had workers’ comp – the family might be able to sue for **gross negligence** leading to the death, which is a specific wrongful death provision. But for non-fatal injuries, if your employer has workers’ comp, you usually are limited to that claim.

If you are filing a workers’ comp claim, be aware of the deadlines. Texas law requires that you report a workplace injury to your employer within 30 days and file a formal workers’ comp claim within one year of the accident. Missing these deadlines can jeopardize your benefits. It’s a good idea to consult with a lawyer even in a workers’ comp case – insurers sometimes dispute valid claims, and an attorney can help ensure you get the full benefits you’re owed under the law.

Personal Injury Lawsuit Against a Non-Subscriber Employer

Unlike most states, Texas allows employers to opt out of the workers’ comp system. These employers are called “non-subscribers.” If you are injured while working for a non-subscriber employer, you do not have a workers’ comp claim – but you can file a regular personal injury lawsuit against your employer. In this lawsuit, you would need to prove that the employer’s negligence (or a co-worker’s negligence, or a safety lapse) contributed to your injury. The good news for workers in this situation is that Texas law bars non-subscriber employers from using certain defenses (like claiming the worker knew the risk or that a co-worker caused the accident). This is meant to even the playing field since the employer chose not to provide workers’ comp coverage.

Suing an employer directly can potentially yield more compensation than workers’ comp would, because you can claim damages like pain and suffering, full lost wages, and other losses. However, these cases can be complex. The employer will likely defend by arguing they weren’t negligent or that you were the sole cause of your injury. Having an experienced construction accident attorney is essential here to gather evidence of safety violations, lack of training, or other negligence. If successful, you could recover **all** your damages, not just the limited benefits from workers’ comp.

Third-Party Personal Injury Claims

No matter whether your employer has workers’ comp or not, if a party other than your employer contributed to the accident, you can pursue a third-party liability claim against them. A common scenario is when a subcontractor or another company on the job site causes an accident. For example, if an electrical subcontractor’s employee improperly secures a live wire and you get electrocuted, that subcontractor (and their employer) could be liable. Or if a delivery truck driver backing into the construction site hits you, you could sue the trucking company. These third-party claims are standard personal injury lawsuits alleging negligence.

Another type of third-party claim is a product liability lawsuit against an equipment or tool manufacturer. If a defective product (like a safety harness that snaps, or a power tool with faulty wiring) causes the injury, the manufacturer or distributor of that product may be legally responsible. Product liability doesn’t require proving negligence – you generally must show the product was defective or unreasonably dangerous and that defect led to your injury.

Pursuing third-party claims is important because workers’ comp (if applicable) won’t cover everything. You might receive workers’ comp benefits from your employer’s insurance and simultaneously file a lawsuit against a third party who is also at fault. An attorney can help navigate the interplay between these claims to ensure you don’t inadvertently give up any rights (for instance, workers’ comp carriers might have a lien on part of a third-party recovery, which a lawyer can help manage).

Wrongful Death Claims

If a construction accident tragically results in a worker’s death, certain family members have the right to file a wrongful death lawsuit under Texas law. The deceased worker’s spouse, children, and parents are generally the ones eligible to bring a wrongful death claim. This type of claim seeks compensation for the family’s losses due to their loved one’s death – things like funeral and burial expenses, loss of the deceased’s financial support, loss of companionship, and emotional anguish. As mentioned, if the employer had workers’ comp, the family might still be able to sue for gross negligence (essentially punitive damages) even while collecting basic death benefits. If the employer was a non-subscriber or a third party caused the fatal accident, the family can sue those parties for the full range of damages.

Wrongful death cases from construction accidents are complex and heart-breaking. They require proving not only the negligence that caused the accident, but also documenting the profound impact on the family. In Texas, the statute of limitations for wrongful death is typically two years from the date of death (similar to personal injury cases)​, so families should act promptly to preserve their rights.

Frequently Asked Questions (FAQs)

Construction accident claims can be complex, and it’s normal to have many questions if you or a family member has been injured. Below, we answer some of the most common questions Houston workers have about construction injury cases:

Who can file a construction accident claim or lawsuit?

Answer: If you are a construction worker injured on the job, you have the right to seek compensation through either a workers’ comp claim (if available) or a personal injury claim, as discussed above. You would be the plaintiff in a personal injury lawsuit, or the claimant in a workers’ comp case. If the accident tragically caused a worker’s death, the Texas Wrongful Death Act allows the deceased’s spouse, children, and parents to file a wrongful death lawsuit. They can also potentially receive death benefits from workers’ comp if the employer subscribed. In some cases, if those family members don’t file a claim within a certain time, an executor of the estate can file on behalf of the estate. It’s best to consult an attorney to determine who in the family is eligible to take legal action in a wrongful death situation.

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

Answer: It depends on whether your employer had workers’ compensation insurance. If your employer subscribes to Texas workers’ comp, you typically cannot sue them for negligence – workers’ comp is generally your exclusive remedy (again, with a rare exception for gross negligence in fatal cases). However, if your employer is a non-subscriber (no workers’ comp coverage), you can sue your employer directly for your injuries. In that lawsuit, you must prove the employer’s negligence (or a co-worker’s negligence) caused your accident. Texas law actually makes it easier for employees to win these suits by barring certain defenses from the non-subscribing employer. Keep in mind, even if you can’t sue your subscribing employer, you can still sue third parties who are at fault for your injury (for example, a subcontractor or equipment maker, as explained earlier). A construction accident attorney can quickly determine who may be liable and the best route for compensation in your situation.

What types of compensation can I recover for a construction injury?

Answer: If your case is successful – whether through a settlement or court verdict – you may be entitled to several forms of compensation (often referred to as “damages”):

• Medical Expenses: This includes the cost of emergency care, hospital bills, surgeries, doctor visits, medication, physical therapy, rehabilitation, and any future medical treatment you will need for your injuries. It should cover everything from the ambulance ride to long-term care like future surgery or ongoing therapy.
• Lost Wages: Any income you lost because you couldn’t work while recovering should be compensated. If your injuries are severe and affect your ability to work in the future, you can also claim loss of earning capacity for the estimated income you will miss out on down the line.
• Pain and Suffering: These damages compensate you for the physical pain and the emotional distress/mental anguish caused by the accident and your injuries. Construction injuries can be extremely painful and also emotionally traumatizing; a fair claim should address that. While workers’ comp does not cover pain and suffering, a personal injury lawsuit does.
• Disability or Disfigurement: If the injury left you with a permanent disability (like paralysis, amputation, or chronic impairment) or visible scars and disfigurement, additional compensation is often awarded to account for the impact on your quality of life.
• Occupational / Vocational Retraining: In some cases, if you cannot return to your old construction job, the cost of job retraining for a new career could be included.
• Household Services: If you can no longer do household chores or maintenance (mow the lawn, clean the house, etc.) due to your injuries and you need to hire help, those costs can be part of your damages.
• Wrongful Death Damages (if applicable): If you are a family member who lost a loved one, you can seek funeral and burial costs, loss of the person’s financial support and benefits, loss of companionship, and the emotional pain of losing them. In Texas, spouses, children, and parents can also sometimes seek punitive damages if the death was caused by gross negligence.
• Punitive Damages: While not common in every case, if the defendants’ conduct was especially reckless or egregious (for example, willful violation of safety regulations), the court might award punitive damages. These are meant to punish wrongdoers and deter future bad conduct. Texas caps punitive damages in most cases, but it can still be a significant sum. Punitive damages are not available in workers’ comp claims, only in lawsuits.

Every case is different, and part of our job at The Adley Law Firm is to thoroughly document all the ways in which the injury has cost you. This includes working with your doctors to understand your prognosis and possibly with economists or life care planners for serious injuries to calculate future costs. We aim to ensure that any settlement or award accounts for both your economic losses (like bills and lost income) and your non-economic losses (like pain and suffering) so that you are not left financially stranded by a construction accident that wasn’t your fault.

Why Hire a Houston Construction Accident Lawyer

After a serious construction accident, you might wonder if you really need a lawyer or if you should just handle the claim yourself. The reality is that construction injury cases are often far more complicated than regular accidents, and having an experienced Houston construction accident attorney on your side can make a huge difference. Here’s why hiring a lawyer is so important:

• Understanding of Complex Laws and Regulations: Construction accident cases may involve workplace safety regulations (OSHA standards), employment law, and Texas injury law all at once. An experienced lawyer knows how to navigate these laws. They can determine whether OSHA violations or Texas labor law violations occurred, which can significantly strengthen your case for negligence.
• Identifying All Liable Parties: As discussed, more than one party may be responsible for a construction accident (employers, contractors, equipment manufacturers, etc.). A skilled attorney will thoroughly investigate and figure out exactly who can be held liable. This ensures you seek compensation from all possible sources, which maximizes your recovery.
• Handling Insurance Companies and Legal Procedures: If you pursue a claim, you’ll likely be dealing with insurance adjusters or corporate lawyers whose job is to minimize payouts. They might pressure you to give a recorded statement or accept a quick settlement for less than you deserve. Your lawyer will handle all communications with insurers and opposing parties so you don’t accidentally say something that hurts your case. Attorneys experienced in construction accidents know the tactics insurers use and can counter them effectively.
• Gathering Evidence and Expert Testimony: Proving a construction accident claim often requires detailed evidence – accident reports, safety logs, witness statements, photographs of the scene, and more. Lawyers can quickly send investigators to document the site before evidence is cleaned up or lost. They may also work with experts such as construction safety engineers, accident reconstruction experts, or medical specialists who can testify on your behalf about what went wrong and the extent of your injuries. This kind of evidence is critical, especially if negligence isn’t obvious or is being disputed by the other side.
• Maximizing Your Compensation: A lawyer will make sure that all your damages are accounted for. This includes not only your immediate medical bills and lost wages, but also future medical expenses (like ongoing therapy or future surgeries), loss of earning capacity if you can’t return to the same work, pain and suffering, and more. If your case involves egregious negligence, they can also argue for punitive damages. Without an attorney, you might overlook some of these categories or be unaware of how much your case is truly worth.
• No Upfront Costs and Peace of Mind: Reputable personal injury law firms (including The Adley Law Firm) work on a contingency fee basis. That means you pay nothing upfront and **no fees at all unless we win compensation for you**. This fee structure allows injured workers to access legal help without added financial stress. Knowing that a professional is handling the legal battle lets you focus on your recovery. You won’t have to puzzle over paperwork, legal filings, or court deadlines – your attorney will take care of those details.

In short, having a dedicated construction accident lawyer levels the playing field. Employers and insurance companies will have their lawyers; you should have an experienced advocate fighting for **your** rights and interests. Especially in a city like Houston, where construction is booming and job sites are often run by big companies or multiple contractors, you’ll want someone who knows how to stand up to them and has a track record of success in similar cases.

What to Expect When Working with The Adley Law Firm

The Adley Law Firm has been helping injured Texans for over 30 years​, and we bring a wealth of experience to construction accident cases. When you choose our firm to represent you, here’s what you can expect:

• Free Case Evaluation: We start with a no-obligation, free consultation. You can tell us what happened, and we’ll listen carefully and ask questions to understand the details. We know this is a challenging time, so we approach every case with compassion. We’ll evaluate the facts and give you an honest assessment of your legal options. If you can’t come to our Houston office due to your injuries, we can arrange a meeting at a location convenient for you or even conduct the consultation by phone or video call.
• Thorough Investigation: Once you hire us, our team goes to work immediately investigating the accident. We will gather accident reports, photographs, and any available video footage of the incident. We’ll interview witnesses, co-workers, or anyone who saw what happened. Our attorneys will also obtain your medical records to understand the full scope of your injuries. In many cases, we partner with investigators and safety experts who can inspect the accident scene (or equipment) and provide expert analysis on what went wrong. Our goal is to build the strongest possible case by leaving no stone unturned.
• Handling All the Legal Details: You won’t have to worry about paperwork, phone calls, or legal deadlines. Our firm will handle filing all necessary claims and legal documents on your behalf — whether it’s a workers’ comp form, a lawsuit petition, or notices to preserve evidence. We will also take over communication with insurance companies, your employer, or other lawyers involved. This means that you won’t be hassled by adjusters or asked to make statements; we filter and manage all that, protecting your rights throughout the process.
• Regular Updates and Compassionate Support: At The Adley Law Firm, we pride ourselves on client communication. You will never be left in the dark about your case. Our lawyers and support staff will keep you updated on important developments. If you have questions, we’re just a phone call away. We understand that being injured and in a legal battle is stressful — we strive to be not just your attorneys, but also a source of support. We’ll guide you through the process, whether it’s getting the medical care you need or dealing with time off work, by providing advice and resources. Our team truly cares about our clients’ well-being.
• Skilled Negotiation and Trial Readiness: Most construction accident claims are resolved through settlements, and our attorneys are skilled negotiators who will fight for a fair settlement offer. We will present the evidence and documentation of your losses to the at-fault parties and their insurers, and we won’t hesitate to get tough in negotiations to demand the compensation you deserve. If the other side doesn’t offer a satisfactory settlement, know that we are fully prepared to take your case to court. Lead attorney Kevin Adley is Board Certified in Personal Injury Trial Law, a mark of excellence held by only a small percentage of Texas attorneys, which means you will have a certified specialist advocating for you in the courtroom if litigation is necessary. Our willingness and ability to go to trial often motivates insurance companies to offer a fair deal rather than face us in front of a jury.
• No Fee Unless You Win: As mentioned earlier, we handle construction accident cases on a contingency fee basis. You pay nothing upfront and nothing out of pocket while the case is ongoing. We only get paid if and when we secure a settlement or verdict for you. This arrangement aligns our interests with yours — our goal is to get you the maximum compensation possible, and our fee is a percentage of that recovery (which will be discussed and agreed upon when you hire us). There truly is no financial risk for you to have top-tier legal representation. We even advance all case expenses (for things like investigators or expert witnesses), and those are reimbursed from the recovery only if we win.

Working with The Adley Law Firm means having a passionate advocate in your corner who knows Houston, knows Texas law, and knows how to hold negligent parties accountable. Our firm has helped countless injury victims rebuild their lives, and we are ready to do the same for you. From the first consultation to the final resolution of your case, you can expect professionalism, dedication, and a relentless drive to achieve justice on your behalf.