A lawyer can help you through every step of the legal process
Construction sites in Texas are busy, dangerous places. Even when everyone’s doing their best, the risk of injury is always in the air, especially in San Antonio, where cranes and scaffolding are a common sight. If you’ve been hurt on a construction site, you may be overwhelmed, while your medical bills pile up, you miss work, and you're unsure what to do next.
It only takes a second for something to go wrong. When a construction accident occurs, what matters most is what you do next.
What kinds of construction accidents happen most often?
The most common construction injuries happen in a handful of ways, and most of them are preventable. These typically include:
- Falls from height: Falls from roofs, ladders, and scaffolding are among the deadliest kinds of construction accidents.
- Struck-by objects: Tools, building materials, even chunks of concrete can fall or fly without warning.
- Caught-in or between: Workers can get trapped in trenches, crushed between equipment, or pinned by collapsing materials.
- Electrocution: Faulty wiring, exposed cables, and unfinished electrical systems can all cause serious shocks or burns.
- Equipment accidents: Heavy machinery, such as forklifts and cranes, can malfunction or be used unsafely.
- Vehicle collisions: On large job sites or roadside construction zones, work vehicles and public traffic can pose real danger.
What should I do right after a construction accident?
First, get medical attention; don’t try to tough it out. Even if your injuries seem minor, they could get worse over time. Go to the ER, urgent care, and make sure everything is documented.
Next, report the construction accident to your employer or site supervisor. In Texas, you have 30 days to report a work injury, but sooner is always better. Ask for a written report or incident form, and keep a copy for your own records.
While you’re still at the scene (if you’re able), take photos of what caused the injury. This could be the equipment, the area, your injuries, or anything that might later support your claim. If any coworkers or other witnesses saw what happened, ask for their names and contact information.
Lastly, don’t sign anything from your employer or their insurance company without talking to a lawyer. Sometimes, paperwork is worded in a way that limits your right to seek compensation. It’s okay to take your time and get advice. Follow your treatment plan, attend follow-up appointments, and keep all receipts and records.
Can I sue my employer for my work-related injuries?
Unlike most states, employers in Texas are not required to carry workers’ compensation insurance. That means you could be dealing with one of two scenarios:
- If your employer has workers’ comp (they’re called a subscriber), you’ll likely be filing a claim through that system.
- If they don’t have workers’ comp (a nonsubscriber), you may be able to sue your employer for negligence.
It’s an important distinction. Workers’ comp is a no-fault system. You don’t have to prove anyone did anything wrong, but the benefits are limited. For example, you can't pursue pain and suffering. To find out if your employer is a subscriber, you can check the Texas Division of Workers’ Compensation website.
In a lawsuit, you can pursue full compensation, but you’ll have to show your employer was at fault. You may have a strong case if your employer:
- Failed to provide safety gear or training
- Ignored OSHA violations
- Hired unqualified workers or supervisors
- Used broken or dangerous equipment
Unlike workers’ comp, a lawsuit allows you to seek full compensation for:
- Medical bills (past and future)
- Lost wages and lost earning ability
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
In many cases, someone other than your employer may be liable, including:
- Equipment manufacturers (for defective tools)
- Subcontractors or general contractors
- Property owners
- Truck drivers or outside vendors
Please note: The Herrera Law Firm does not accept workers’ compensation cases but does handle third-party claims related to workers’ compensation. If you were injured in a construction accident, you may be able to pursue compensation from someone other than your employer.
What if I lost a loved one in a construction accident?
If you lost a loved one in a construction accident, you may have the right to file a wrongful death claim against a negligent third party. In Texas, workers’ compensation typically bars lawsuits against an employer, but if another company or contractor caused the fatal accident through faulty equipment, poor safety practices, or site mismanagement, you may be eligible to pursue a third-party personal injury claim.
This type of claim allows you to seek compensation for funeral expenses, lost income and support, and the emotional pain of losing someone too soon. In Texas, a wrongful death claim can be filed by the surviving spouse, children, or parents of the deceased. If none of these individuals file a claim within three months, the executor or personal representative of the estate may pursue the claim on behalf of the family.
Get trusted legal help after a construction site injury in San Antonio
If you or a loved one was hurt in a construction accident in San Antonio, don’t wait another day to get the help you need. The Herrera Law Firm knows how devastating a job site injury can be. Our legal team has decades of experience holding negligent contractors, property owners, and third-party companies accountable. We fight for full and fair compensation, not just quick settlements. Since we focus exclusively on personal injury and third-party work accident claims, we understand how to build strong cases and win them.
When you reach out to us for a free consultation, we’ll take the time to listen to your story, answer your questions, and walk you through your legal options. There’s no pressure, just a real conversation with a team that knows what you’re going through. If we take your case, you won’t pay us anything upfront. We work on a contingency fee structure, which means we only get paid if you do.
We proudly serve injured construction workers and their families throughout San Antonio and across Texas. Call us or fill out our online contact form today for a free consultation. The sooner you reach out, the sooner we can start protecting your rights and fighting for the compensation you deserve.
