San Antonio Construction Accident Lawyers Fighting for Injured Workers
San Antonio is a city in constant construction. From the ongoing development in Stone Oak and the Far West Side to highway expansion projects on I-10 and Loop 1604, from new high-rises downtown to residential subdivisions spreading across Bexar County, construction workers build the infrastructure our growing region depends on. It’s dangerous work—and when safety protocols fail, workers pay the price with serious injuries or their lives.
If you’ve been injured on a construction site in San Antonio or anywhere in Bexar County, you may be entitled to more than just workers’ compensation. While workers’ comp provides some benefits, it often doesn’t fully compensate you for your injuries. Third-party claims against general contractors, property owners, equipment manufacturers, and others can provide additional compensation for your pain and suffering, full lost wages, and other damages that workers’ comp doesn’t cover.
At DJC Law, our San Antonio construction accident lawyers understand the complex web of liability on construction sites. We fight for injured workers and their families, pursuing every avenue of compensation available under Texas law.
We handle construction accident cases on contingency, which means you pay nothing unless we win. Contact us today for a free consultation.
Construction Dangers in San Antonio
Construction consistently ranks among the most hazardous industries in Texas and across the country. According to OSHA, one in five worker fatalities occurs in construction. San Antonio’s rapid growth has only increased the danger—more construction projects mean more workers exposed to hazards every day.
The “Fatal Four”—falls, struck-by incidents, electrocutions, and caught-in/between accidents—account for the majority of construction deaths. But countless other hazards cause serious injuries on San Antonio job sites daily.
What makes construction so dangerous is the combination of physical hazards, heavy equipment, multiple contractors working simultaneously, constantly changing conditions, and pressure to meet deadlines. When safety takes a backseat to productivity, workers get hurt.
The good news is that most construction accidents are preventable. They happen because someone—an employer, a contractor, a property owner, or an equipment manufacturer—failed to meet their safety obligations. When that happens, injured workers have the right to hold those parties accountable.
Why Choose DJC Law for Your San Antonio Construction Accident Case
Construction accident cases are complex, often involving multiple parties, overlapping insurance coverage, and the interplay between workers’ compensation and third-party claims. Here’s what sets us apart.
You Pay Nothing Unless We Win
We handle all construction accident cases on contingency. You don’t pay any upfront fees, and you owe us nothing unless we successfully recover compensation for you.
We Understand Construction Site Liability
Construction sites involve complex relationships between property owners, general contractors, subcontractors, equipment suppliers, and others. We know how to navigate these relationships to identify all potentially liable parties under Texas law.
We Know OSHA Regulations
OSHA regulations establish safety standards for construction sites. Violations of these regulations are strong evidence of negligence. We investigate whether OSHA violations contributed to your accident and use them to strengthen your case.
We Pursue All Available Compensation
Workers’ compensation is just the starting point. We identify third-party claims that can provide additional compensation beyond what workers’ comp offers—including pain and suffering, which workers’ comp doesn’t cover.
Trial-Ready Representation
Insurance companies know which firms will take cases to trial in Bexar County. Our willingness to fight in court often motivates better settlements.
Construction Sites Across San Antonio
We represent construction workers injured throughout San Antonio and Bexar County, including:
Highway and infrastructure projects. The expansion of I-10, Loop 1604, Highway 281, and other major roadways puts workers at risk from traffic, heavy equipment, and demanding conditions. TxDOT projects and municipal infrastructure work present unique hazards.
Commercial development. Office buildings, retail centers, hotels, and mixed-use developments are rising throughout San Antonio—downtown, along the I-10 corridor, in the Medical Center area, and in rapidly growing areas like Stone Oak and the Far West Side.
Residential construction. San Antonio’s housing boom has created thousands of residential construction jobs in subdivisions across Bexar County and surrounding areas. Falls from roofs and scaffolding are common on these sites.
Industrial and warehouse facilities. Distribution centers, manufacturing plants, and industrial facilities—particularly along I-35 and I-10—present construction hazards including heavy equipment, electrical work, and confined spaces.
Military base construction. Joint Base San Antonio (Fort Sam Houston, Lackland AFB, Randolph AFB) involves ongoing construction projects. Work on federal installations may involve special considerations.
Healthcare facility construction. The South Texas Medical Center and hospitals throughout the region undergo constant expansion and renovation, often while facilities remain operational.
Renovation and demolition. Older buildings throughout San Antonio require renovation or demolition, exposing workers to hazards including asbestos, lead, structural instability, and confined spaces.
Wherever your accident occurred, we can help you understand your rights and pursue full compensation.
The Fatal Four: Leading Causes of Construction Deaths
OSHA has identified four types of accidents that cause the majority of construction fatalities. Understanding these hazards is essential to understanding construction accident liability.
Falls
Falls are the leading cause of death in construction, accounting for roughly one-third of all construction fatalities. Workers fall from scaffolding, ladders, roofs, elevated platforms, and unprotected edges. In San Antonio’s residential construction boom, roof falls are especially common. Fall injuries include traumatic brain injuries, spinal cord damage, broken bones, and death.
Falls are preventable. OSHA requires fall protection for workers at heights of six feet or more in construction. Employers must provide guardrails, safety nets, personal fall arrest systems, or other protection. When they fail to do so, they can be held liable for resulting injuries.
Struck-By Accidents
Struck-by accidents occur when workers are hit by falling objects, swinging equipment, moving vehicles, or flying debris. A tool dropped from scaffolding, a load released from a crane, a vehicle backing without a spotter—all can cause fatal injuries.
Proper safety measures include hard hats, toe boards on scaffolding, secured tools, barricades around crane operations, spotters for backing vehicles, and other protections. Failures in any of these areas can result in liability.
Electrocutions
Construction workers face electrocution hazards from power lines, live wires, unfinished electrical systems, and defective equipment. Contact with energized sources can cause death, severe burns, cardiac arrest, and neurological damage. San Antonio’s intense summer heat can make electrical hazards even more dangerous.
OSHA requires safe distances from power lines, de-energization of electrical systems before work, ground-fault circuit interrupters, and other protections. Failure to implement these safeguards creates liability.
Caught-In/Between Accidents
Caught-in/between accidents occur when workers are crushed, caught, or compressed by equipment, objects, or collapsing structures. Trench collapses are particularly deadly and particularly preventable. Unguarded machinery and collapsing walls during demolition also cause devastating injuries.
OSHA requires trench shoring and shielding, machine guarding, and structural supports during demolition and construction. Violations of these requirements frequently cause preventable deaths.
Other Common Construction Accidents in San Antonio
Beyond the Fatal Four, many other hazards cause serious construction injuries:
Scaffolding accidents occur when scaffolding collapses, is improperly erected, lacks guardrails, or has defective components. Workers may fall from scaffolding or be struck by collapsing structures.
Ladder accidents happen when ladders are defective, improperly positioned, used on unstable surfaces, or used inappropriately for the task. Falls from ladders cause serious injuries even from relatively low heights.
Crane accidents can be catastrophic. Cranes may collapse, drop loads, strike workers, or tip over. Crane accidents often result from operator error, mechanical failure, overloading, or inadequate setup.
Forklift accidents occur when forklifts tip over, strike workers, drop loads, or pin workers against objects. Improper operation, lack of training, and inadequate safety measures contribute to these accidents.
Trench collapses bury workers under thousands of pounds of soil, causing suffocation and crushing injuries. OSHA requires protective systems for trenches five feet or deeper, but these requirements are frequently ignored on San Antonio job sites.
Explosion and fire accidents occur when flammable materials, gas leaks, or hazardous chemicals ignite. Burns, blast injuries, and smoke inhalation can be fatal or cause permanent disfigurement.
Equipment malfunctions cause injuries when power tools, machinery, and equipment fail due to defects, improper maintenance, or lack of safety guards.
Heat-related illnesses are a serious concern in San Antonio, where summer temperatures regularly exceed 100 degrees. Heat stroke and heat exhaustion can be fatal, particularly for workers doing strenuous labor without adequate breaks, shade, and hydration. Texas has specific heat safety requirements that employers must follow.
Toxic exposure to asbestos, lead, silica dust, solvents, and other hazardous substances causes respiratory disease, cancer, and other serious illnesses. Older buildings in San Antonio often contain hazardous materials.
Vehicle accidents on construction sites involve dump trucks, concrete mixers, excavators, and other heavy equipment. Workers on foot are particularly vulnerable.
Common Construction Accident Injuries
Construction accidents cause some of the most severe injuries we see. Common injuries include:
Traumatic brain injuries result from falls, struck-by accidents, and any impact to the head. These injuries range from concussions to severe brain damage causing permanent cognitive impairment, personality changes, or death.
Spinal cord injuries from falls and crushing accidents can cause partial or complete paralysis, fundamentally changing every aspect of the victim’s life.
Broken bones are common in construction accidents, often involving multiple fractures requiring surgery, hardware installation, and extensive rehabilitation. Compound fractures and crush injuries may result in amputation.
Amputations occur at the scene when limbs are caught in machinery or crushed, or become necessary later due to the severity of injuries.
Crush injuries from collapsing structures, trench cave-ins, and heavy equipment can cause severe tissue damage, compartment syndrome, and organ failure.
Burns from fires, explosions, electrical contact, and chemical exposure can cause permanent scarring, disfigurement, and disability.
Electrical injuries cause burns, cardiac problems, neurological damage, and death. Even survivors of severe electrical shock may suffer lasting effects.
Back and neck injuries including herniated discs, fractured vertebrae, and soft tissue damage often result in chronic pain and permanent limitations.
Internal injuries from blunt force trauma can damage organs and cause internal bleeding that may not be immediately apparent.
Hearing loss from prolonged exposure to loud equipment without adequate protection.
Respiratory diseases from exposure to asbestos, silica, and other hazardous materials may not appear until years after exposure.
Post-traumatic stress disorder affects many construction accident survivors, particularly those who witnessed severe accidents or were trapped.
Workers’ Compensation vs. Third-Party Claims in Texas
Understanding the difference between workers’ compensation and third-party claims is crucial for Texas construction accident victims.
Texas Workers’ Compensation
Texas is unique among states in that workers’ compensation insurance is optional for private employers. Many construction companies carry coverage, but some do not. If your employer has workers’ comp, benefits typically include:
- Medical expenses for treatment of work-related injuries
- Temporary income benefits (partial wage replacement while you recover)
- Impairment income benefits if you have lasting impairments
- Supplemental income benefits in some cases
- Death benefits for families of workers killed on the job
However, workers’ compensation has significant limitations. It typically pays only a portion of your lost wages, doesn’t compensate for pain and suffering, and generally prohibits you from suing your employer for negligence.
Non-Subscriber Employers in Texas
If your employer doesn’t carry workers’ compensation insurance (known as a “non-subscriber”), you may be able to sue your employer directly for negligence. Non-subscribers lose important legal defenses and may be exposed to full personal injury liability, including pain and suffering damages.
Third-Party Claims
Third-party claims are separate from workers’ compensation and allow you to sue parties other than your employer who contributed to your accident. These claims can provide full compensation including:
- Full lost wages (not just partial replacement)
- Loss of future earning capacity
- Pain and suffering
- Mental anguish and emotional distress
- Disfigurement
- Loss of enjoyment of life
- Exemplary (punitive) damages in egregious cases
Third-party claims don’t replace workers’ compensation—you can pursue both. However, your workers’ comp carrier may be entitled to reimbursement from any third-party recovery.
Identifying viable third-party claims is one of the most important things we do for San Antonio construction accident victims. These claims often provide significantly more compensation than workers’ comp alone.
Who Can Be Held Liable?
Construction sites involve multiple parties, many of whom may be liable for your injuries:
General contractors have overall responsibility for job site safety. They may be liable for failing to maintain safe conditions, coordinate between subcontractors, or enforce safety rules—even for injuries to subcontractors’ employees.
Subcontractors (other than your employer) who create dangerous conditions or whose negligence contributes to your accident can be sued as third parties.
Property owners may be liable if they knew of dangerous conditions, failed to warn of hazards, or retained control over safety on the site. Owners who hire unqualified contractors may also be liable.
Architects and engineers may be liable if design defects contributed to the accident—such as structural designs that collapse during construction.
Equipment manufacturers may be strictly liable under Texas law for defective equipment that causes injuries—cranes, forklifts, power tools, safety equipment, and other products.
Equipment rental companies may be liable for renting defective equipment or failing to properly maintain rental equipment.
Scaffolding companies that erect or supply scaffolding may be liable for scaffolding collapses and related injuries.
Maintenance companies responsible for maintaining equipment may be liable if maintenance failures caused your accident.
Safety equipment manufacturers may be liable if defective harnesses, hard hats, safety glasses, or other protective equipment failed to protect you.
Utility companies like CPS Energy may be liable if unmarked or improperly marked utility lines caused electrocution or other injuries.
Government entities may be liable for injuries on public construction projects, though the Texas Tort Claims Act imposes notice requirements and damage caps.
Identifying all liable parties is crucial because it increases available insurance coverage and allows you to recover compensation beyond workers’ comp.
OSHA Regulations and Your Case
The Occupational Safety and Health Administration (OSHA) establishes and enforces safety standards for construction sites. OSHA regulations cover virtually every aspect of construction safety, including:
- Fall protection requirements
- Scaffolding safety standards
- Ladder safety requirements
- Excavation and trenching protections
- Electrical safety standards
- Crane and hoist requirements
- Personal protective equipment standards
- Hazard communication requirements
- Machine guarding requirements
- Heat illness prevention
When employers violate OSHA regulations and workers are injured, those violations are strong evidence of negligence. We investigate OSHA compliance and use any violations to strengthen your case.
OSHA may also investigate serious construction accidents. Their findings and any citations issued can be valuable evidence in your case.
Compensation in San Antonio Construction Accident Cases
Between workers’ compensation and third-party claims, construction accident victims may be entitled to substantial compensation:
Workers’ Compensation Benefits
- Medical expenses for all reasonable and necessary treatment
- Temporary income benefits (typically 70% of your average weekly wage)
- Impairment income benefits for permanent impairments
- Supplemental income benefits if you can’t return to pre-injury wages
- Death benefits for surviving family members
Third-Party Claim Damages
- Full lost wages: 100% of income lost during recovery (not just partial replacement)
- Loss of earning capacity: Reduced ability to work in the future due to permanent injuries
- Additional medical expenses: Costs not covered by workers’ comp, future medical needs
- Pain and suffering: Physical pain from injuries and treatment (not available in workers’ comp)
- Mental anguish: Emotional distress, anxiety, depression, and PTSD
- Disfigurement: Permanent scarring, burns, or amputations
- Physical impairment: Limitations on physical abilities
- Loss of enjoyment of life: Inability to participate in activities you enjoyed
- Loss of consortium: Impact on your relationship with your spouse
In cases involving egregious safety violations or intentional misconduct, exemplary (punitive) damages may be available against third parties under Texas law.
If a construction accident results in death, surviving family members may pursue wrongful death damages in addition to workers’ compensation death benefits.
What to Do After a Construction Accident in San Antonio
The steps you take after a construction accident can significantly impact both your workers’ compensation claim and any third-party claims:
Immediately after the accident:
- Seek medical attention immediately—tell providers it’s a work-related injury
- San Antonio-area hospitals with trauma centers include University Hospital, San Antonio Military Medical Center (BAMC), and Methodist Hospital
- Report the accident to your supervisor and employer as required
- Document the scene if you can—take photos of the hazard, equipment involved, and conditions
- Get names and contact information from witnesses
- Note who was working on the site and what companies they worked for
- Don’t give recorded statements to anyone except your own attorney
After leaving the scene:
- File a workers’ compensation claim with your employer (if they carry coverage)
- Follow all medical advice and attend all appointments
- Document your injuries with photos as they develop
- Keep records of all medical treatment, expenses, and missed work
- Preserve any equipment involved in the accident if possible
- Don’t sign anything from insurance companies without legal review
- Be careful what you post on social media
- Contact a San Antonio construction accident attorney to discuss third-party claims
Statute of Limitations
Different deadlines apply to workers’ compensation claims and third-party claims in Texas:
Workers’ compensation claims in Texas require you to report your injury to your employer within 30 days, and you generally have one year from the date of injury to file a claim with the Division of Workers’ Compensation.
Third-party personal injury claims in Texas have a two-year statute of limitations from the date of injury.
Product liability claims against equipment manufacturers may have different deadlines.
Claims against government entities (such as public construction projects) have much shorter notice requirements—typically six months under the Texas Tort Claims Act.
Occupational disease claims for conditions like mesothelioma or silicosis may have deadlines running from when you discovered the illness, not when exposure occurred.
Missing any deadline can bar your claim. Contact an attorney as soon as possible to understand your specific deadlines.
How Our San Antonio Construction Accident Lawyers Help
Construction accident cases require specialized knowledge. Here’s how we help:
We investigate thoroughly, examining the accident scene, obtaining safety records, reviewing OSHA reports, and identifying all parties who may have contributed to your accident.
We identify all liable parties, looking beyond your employer to general contractors, property owners, equipment manufacturers, and others who can be sued in third-party claims.
We understand OSHA regulations, identifying violations that support your case and prove negligence.
We coordinate with workers’ comp, ensuring your third-party claim doesn’t interfere with your workers’ compensation benefits and handling any reimbursement issues.
We work with experts, including safety experts, accident reconstructionists, medical specialists, and economists to build the strongest possible case.
We document your injuries fully, ensuring the severity and long-term impact of your injuries are properly understood and valued.
We fight for maximum compensation, pursuing both workers’ compensation benefits and third-party claims to ensure you receive everything you’re entitled to under Texas law.
We’re prepared to try your case in Bexar County District Court if insurance companies won’t offer fair compensation.
Frequently Asked Questions
How much does it cost to hire a San Antonio construction accident lawyer?
Nothing upfront. We work on contingency, meaning we only get paid if we recover compensation for you. Our fee comes as a percentage of your recovery.
Can I sue my employer for a construction accident?
It depends. If your employer carries workers’ compensation insurance, that’s typically your exclusive remedy against them. However, you can sue third parties whose negligence contributed to your accident. If your employer is a non-subscriber (doesn’t carry workers’ comp), you may be able to sue them directly.
What if my employer doesn’t have workers’ compensation insurance?
Texas doesn’t require private employers to carry workers’ comp. If your employer is a non-subscriber, you may be able to sue them directly for negligence. Non-subscribers lose important legal defenses and may be liable for full damages including pain and suffering.
Can I file both a workers’ comp claim and a third-party lawsuit?
Yes. These are separate claims that can proceed simultaneously. However, your workers’ comp carrier may be entitled to reimbursement from any third-party recovery.
What if I was partially at fault for my accident?
Workers’ compensation in Texas is no-fault, so your own negligence doesn’t affect those benefits. For third-party claims, Texas follows a modified comparative negligence rule—you may still recover if you were less than 51% at fault, but your compensation is reduced by your percentage of fault.
What if I’m an independent contractor, not an employee?
Independent contractors typically aren’t covered by workers’ compensation but may have broader rights to sue other parties. Your classification as an employee or independent contractor is a legal question—many workers classified as contractors are actually employees under Texas law.
What if OSHA finds violations at my job site?
OSHA violations are strong evidence of negligence in your case. We obtain OSHA investigation reports and citations and use them to prove that liable parties failed to meet their safety obligations.
I was injured on a government construction project. What are my options?
Claims against government entities are governed by the Texas Tort Claims Act, which requires notice within six months and caps damages. However, you may also have claims against private contractors working on the project. Contact an attorney immediately to preserve your rights.
How much is my construction accident case worth?
Value depends on injury severity, available workers’ comp benefits, third-party liability, medical expenses, lost income, and pain and suffering. Construction accidents often involve substantial compensation due to severe injuries. We can give you a better estimate after reviewing your case.
Contact Our San Antonio Construction Accident Attorneys Today
If you’ve been injured on a construction site in San Antonio or Bexar County, you may be entitled to more than workers’ compensation. Third-party claims can provide additional compensation for pain and suffering, full lost wages, and other damages that workers’ comp doesn’t cover.
At DJC Law, we fight for construction workers against the contractors, property owners, and manufacturers whose negligence causes serious injuries. We understand Texas construction site liability, OSHA regulations, and how to maximize your recovery.
Contact us today for a free consultation. We’ll review your case, explain your options under Texas law, and help you pursue every avenue of compensation available. There’s no obligation, and you’ll pay nothing unless we win.
