Construction is one of the most dangerous industries in America, and Texas — with its booming development in San Antonio, Austin, and Houston — sees more construction worker injuries and deaths than almost any other state. If you were hurt on a construction site, you already know how fast everything changed: the fall from scaffolding, the collapse of an unguarded trench, the struck-by accident, the equipment failure. Now you are dealing with pain, lost income, and a system that can feel designed to minimize what you receive. You deserve an advocate who has been doing this for more than 50 years.
Construction sites are governed by a complex web of OSHA regulations, general contractor responsibilities, subcontractor duties, property owner obligations, and equipment manufacturer warranties. When any one of those parties fails — when scaffolding is not tied off, when fall protection is not provided, when heavy equipment lacks required guards, when a trench is dug without adequate shoring — and a worker is injured as a result, there is a civil claim to be made. Texas's non-subscription workers' comp system means many construction employers are opted out, exposing them to full negligence liability.
Edward T. Garza and The Garza Law Firm have represented construction workers and their families throughout San Antonio and South Texas for over five decades. We know construction site liability, we know OSHA standards, and we know how to hold general contractors, subcontractors, and property owners accountable for the injuries they cause.
Key Facts About Construction Accidents in Texas
OSHA's 'Fatal Four' — falls, struck-by accidents, electrocution, and caught-in/between incidents — account for more than 60% of all construction worker deaths in the United States each year, according to OSHA data.
Texas consistently ranks among the top states for construction worker fatalities. The BLS reports that construction trades workers in Texas experience thousands of nonfatal occupational injuries and illnesses annually.
OSHA requires written fall protection plans, guardrails, personal fall arrest systems, and safety nets for work at heights of six feet or more in construction. Failure to provide required fall protection is one of OSHA's most frequently cited violations nationwide.
Under Texas law, a general contractor can be held liable for injuries to a subcontractor's employees if the general contractor retained control over the work that caused the injury or if the work was inherently dangerous. This is known as the retained-control doctrine.
The Texas Workers' Compensation Act does not cover independent contractors, but misclassifying employees as independent contractors to avoid workers' comp is illegal. Misclassified workers may have claims both for workers' comp coverage and for negligence.
Common Questions About Construction Accidents
I work for a subcontractor. Can I sue the general contractor if they were at fault?
Yes. Texas law recognizes retained-control liability, which allows a subcontractor's employee to sue a general contractor who exercised control over the work that caused the injury. If the general contractor directed safety procedures, provided equipment, or supervised the work, they may bear significant legal responsibility for your injuries.
My employer called me an independent contractor. Does that mean I have no workers' comp rights?
Not necessarily. Texas law looks at the actual working relationship, not just the label. If your employer controlled how you did your work, provided tools and equipment, set your hours, and treated you like an employee in practice, you may legally be an employee entitled to workers' comp benefits or the right to sue under the non-subscriber statute, regardless of what your contract says.
Can I sue a property owner for my construction site injury?
Possibly. Property owners who retain control over construction activities, who create dangerous conditions on the property, or who fail to warn of known hazards may be liable to injured construction workers under Texas premises liability law. Whether a claim exists depends on the specific level of control the owner exercised over the site and the work.
What if defective equipment caused my injury?
If a piece of construction equipment — a scaffold component, a crane, a power tool, safety harness — was defectively designed or manufactured and that defect caused your injury, you have a products liability claim against the manufacturer separate from any workers' comp or employer negligence claim. Product liability claims are not barred by workers' comp even when your employer has coverage.
You Don't Have to Figure This Out Alone
When you hire The Garza Law Firm, we guide you through every step of the legal process so you can focus on what matters most — your recovery.
Free Case Evaluation
We analyze the construction accident in full: who controlled the site, what OSHA regulations applied, whether your employer was a workers' comp subscriber, and which parties — general contractor, subcontractor, property owner, equipment manufacturer — may share liability.
Scene Documentation and Expert Coordination
We arrange prompt inspection of the accident site, preservation of equipment and structural evidence, and engagement of OSHA-certified safety engineers who can identify code violations and speak to the standard of care.
OSHA Violation Investigation
We review OSHA inspection records, citations, and any incident investigation reports associated with the accident site, and use documented violations to establish employer and contractor negligence.
Retained-Control and Third-Party Liability Analysis
We trace the contractual relationships between all site parties — owner, GC, subcontractors, equipment lessors — to identify every entity whose negligence contributed to your injury.
Full Damages Calculation
We document medical costs, lost wages, reduced future earning capacity, physical impairment, disfigurement, and pain and suffering with the support of medical experts and economic analysts.
Aggressive Litigation
Construction cases often involve multiple insurers and well-funded defendants. We build the trial record from day one and are fully prepared to take your case before a jury if that is what it takes to achieve justice.
Ready to Discuss Your Case?
Contact The Garza Law Firm today for a free, no-obligation consultation. There is no fee unless we win.
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