Why Austin Construction Workers Need Legal Protection

Austin’s skyline is rising fast, and so is the risk to the people building it. The construction industry is vital to our city’s growth, but it remains one of the most dangerous professions in the country. According to federal data, construction makes up only 5% of the U.S. workforce yet accounts for a staggering 20% of all workplace deaths. This disproportionate risk means that if you’re hurt on a construction site, the consequences can be devastating. Calling an Austin construction injury lawyer isn’t just a good idea; it can be the single most important step you take to protect your future, making the difference between financial ruin and a secure recovery.

Quick answers:

• Who to call: A lawyer who has deep experience with Texas workers’ compensation, personal injury law, and the specific regulations governing construction sites.
• When to call: Immediately after you are medically stable. It is crucial to speak with an attorney before you give any statements to insurance adjusters.
• What they do: A skilled lawyer will immediately work to preserve critical evidence, identify every single party that may be liable for your injuries, and aggressively pursue the maximum possible compensation on your behalf.
• Cost: Our firm operates on a contingency fee basis. This means you pay absolutely nothing unless we successfully recover money for you.
• Possible recovery: Compensation can cover all past and future medical bills, lost wages and diminished earning capacity, ongoing care needs, and damages for physical pain and emotional suffering.

Texas saw more than 100 construction fatalities in 2018 alone, with many of these tragedies linked to preventable safety failures like missing guardrails, defective equipment, or dangerous shortcuts taken to save time and money. A unique aspect of Texas law is that employers can opt out of the state’s workers’ compensation system. If your employer is a “non-subscriber,” you may have the right to file a direct lawsuit against them. Furthermore, you can often sue any negligent third party—such as another contractor or an equipment manufacturer—that contributed to causing your injuries.

The Occupational Safety and Health Administration (OSHA) has identified the leading causes of construction deaths as the “Fatal Four”: Falls, Struck by Object, Electrocution, and Caught-in/between. OSHA reports that these four hazards were responsible for more than half of all construction worker deaths. Eliminating them would save hundreds of lives each year, highlighting the critical importance of enforcing safety standards on every job site.

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Why You Need an Experienced Austin Construction Injury Lawyer

In the chaotic moments following a serious construction accident, insurance companies for the contractors and property owners mobilize immediately. Their goal is not to ensure you are cared for; it is to protect their bottom line. They dispatch investigators and adjusters to the scene to collect evidence, take statements, and build a case aimed at minimizing or denying your rightful payout. While you are focused on the trauma of your injury, they are working against you. An experienced Austin construction injury lawyer is your advocate and your shield, stepping in to protect your legal rights so you can focus on what truly matters: your physical and emotional healing.

What We Do

Our legal team takes immediate and decisive action to level the playing field:

1. Rapidly investigate and photograph the scene: Evidence on a construction site can be altered or disappear within hours. We act quickly to document the scene as it was at the time of the incident, taking comprehensive photos and videos of the equipment, hazards, and overall conditions.
2. Gather crucial documents and witness statements: We issue legal demands to preserve evidence like OSHA reports, daily safety logs, equipment maintenance records, and employee training manuals. We also identify and interview witnesses while their memories are fresh.
3. Retain industry-leading experts: To build the strongest case possible, we work with a network of trusted professionals, including structural engineers, workplace safety experts, medical specialists, and economists who can analyze the cause of the accident and calculate the full extent of your damages.
4. Calculate all current and future costs: We carefully document every expense, from initial emergency room bills and surgical costs to long-term physical therapy, lost earnings, and the cost of future medical care. We ensure no damage is overlooked.
5. Negotiate aggressively—and go to trial if necessary: We present a thoroughly prepared claim to the insurance companies and negotiate from a position of strength. If they refuse to offer a fair settlement, our trial-ready attorneys will not hesitate to take your case to a jury.

Why Experience Matters

Construction accident claims are notoriously complex, involving overlapping areas of law. A successful claim requires a deep understanding of OSHA regulations, Texas property law, product liability statutes, and the state’s unique non-subscriber system. Our experience is your advantage. We know how to:

• Use violations of OSHA safety standards as powerful evidence of negligence, proving a clear breach of the duty to provide a safe workplace.
• Uncover and target every liable party, from the general contractor and subcontractors to property owners, architects, and equipment manufacturers.
• Turn safety violations, inadequate training, and faulty equipment into powerful leverage for a higher settlement that truly reflects the harm you have suffered.
• Steer the intricate differences between a workers’ comp claim and a personal injury lawsuit to pursue the path that offers you the most complete financial recovery.

Common Construction Accidents and Injuries in Austin

Austin’s continuous building boom, from downtown high-rises to sprawling suburban developments, exposes thousands of workers to serious hazards every single day. The pressure to meet deadlines can often lead to safety oversights, putting hardworking individuals at risk. If you’re injured on a job site, an Austin Work Injury Lawyer can be your most important ally in getting the resources you need to get back on your feet.

Common Job-Site Accidents

While every construction site is unique, the types of accidents that occur are often tragically familiar. We handle cases involving:

• Falls from roofs, ladders, or scaffolds: These are the leading cause of death in construction and often result from missing guardrails, unstable surfaces, or lack of proper fall arrest systems.
• Scaffolding or trench collapses: An improperly erected scaffold or an unshored trench can give way without warning, leading to catastrophic crushing injuries or burial.
• Struck-by incidents: This broad category includes workers being hit by falling tools or materials, swinging crane loads, or construction vehicles with large blind spots.
• Electrocutions and burns: Contact with live overhead power lines, exposed wiring, or defective equipment can cause severe electrical burns and cardiac arrest. Chemical burns are also a risk.
• Crane, forklift, or heavy-equipment failures: Accidents involving heavy machinery can be caused by operator error, improper maintenance, or mechanical defects, often resulting in devastating consequences.
• Chemical exposure: Workers can suffer acute or long-term health problems from exposure to toxic substances like solvents, asbestos, or welding fumes without proper ventilation or protective gear.

Serious Injuries We See Most

The forces involved in construction accidents often lead to life-altering harm. The injuries we see most frequently include traumatic brain injuries (TBIs), spinal cord damage leading to paralysis, amputations, severe burns requiring skin grafts, complex fractures, internal organ trauma, and tragically, wrongful death. These injuries don’t just heal; they change a person’s life forever, often requiring lifelong medical care, home modifications, and assistive devices. A typical workers’ comp check is rarely sufficient to cover these immense costs. For any case involving catastrophic harm, it is essential to talk to an Austin Catastrophic Injury Lawyer who understands how to secure compensation for a lifetime of needs.

Who Can Be Held Liable for a Construction Accident?

One of the most complex aspects of a construction injury case is identifying all responsible parties. A major construction project is a web of overlapping responsibilities, and a single accident may have multiple causes. A single project might involve a property owner, a developer, a general contractor, and dozens of subcontractors, all working on the same site. This means several parties could owe you compensation for your injuries.

Potentially liable parties include:

• General contractors: They have an overall responsibility to maintain a safe worksite for everyone, a duty that often cannot be delegated to others. This includes coordinating safety efforts and warning of known hazards.
• Subcontractors: Each subcontractor is responsible for the safety of their own crew, which includes providing proper training, maintaining their equipment, and ensuring their work doesn’t create hazards for others.
• Property owners: Owners can be held liable for injuries caused by dangerous conditions on their property that they knew or should have known about.
• Architects/engineers: If an accident is caused by a flaw in the structural design or building plans, the architect or engineer who created those plans may be held accountable for their unsafe designs.
• Equipment makers: Manufacturers and suppliers of tools, machinery, or safety gear can be held liable if their products are defective and cause an injury. This can include design defects, manufacturing flaws, or a failure to provide adequate warnings.

Determining Fault

Proving liability requires a thorough and professional investigation. Our team knows exactly what to look for. We dig deep into project records, contracts, and communications to establish who was responsible for what. We carefully review OSHA citations, daily safety meeting logs, employee training records, and equipment maintenance logs to show:

• Employer negligence: This can involve failing to provide required safety gear (like harnesses or hard hats), pushing crews to work too fast, or providing lax supervision.
• Third-party negligence: We look for evidence that another company’s crew created a hazard, such as leaving debris in a walkway, operating a vehicle recklessly, or improperly assembling a scaffold that your crew later used.
• Product defects: We investigate whether a tool, machine, or piece of safety equipment failed during normal use due to a flaw in its design or manufacturing.

For accidents involving hazards related to the property itself, our Premises Liability team joins forces with our construction attorneys to build the most comprehensive case possible.

Your Legal Options: Workers’ Comp vs. a Personal Injury Lawsuit

In Texas, an injured worker may have one of two primary routes to compensation. The path you take depends largely on whether your employer carries workers’ compensation insurance. Understanding the critical differences between these options is essential, as choosing the right one can mean the difference between a partial recovery that barely covers medical bills and a full recovery that accounts for all of your losses. A Workers’ Compensation Lawyer Austin can evaluate your specific situation and guide you toward the best strategy.

Side-by-Side Comparison

Why the Non-Subscriber Rule Matters

Texas is the only state that allows private employers to “opt out” of providing workers’ compensation insurance. These employers are known as non-subscribers. While this may save them money on premiums, it exposes them to significant liability if a worker is injured. When an employer opts out of workers’ comp, they lose powerful legal protections. Specifically, they cannot use common law defenses like arguing that the injured worker’s own negligence contributed to the accident (unless the worker was 100% at fault), that a fellow employee caused the injury, or that the worker “assumed the risk” of a dangerous job. This makes it significantly easier for an injured employee to prove fault and secure full damages in a personal injury lawsuit. These damages can include not only medical bills and lost wages but also compensation for pain and suffering, physical impairment, and in cases of gross negligence, even punitive damages designed to punish the employer.

Statute of Limitations

Time is of the essence after a workplace injury. The deadlines are strict and missing them can bar you from ever recovering compensation.

• Personal injury lawsuit: You generally have two years from the date of the injury to file a lawsuit.
• Workers’ comp claim: You must report your injury to your employer within 30 days and file your official claim with the Texas Division of Workers’ Compensation within one year.

Do not wait. Evidence critical to your case can be lost or destroyed, and witnesses’ memories fade. Contacting an attorney quickly ensures these deadlines are met and your rights are protected.

Steps to Take Immediately After a Construction Accident

In the chaotic aftermath of a construction accident, it can be difficult to think clearly. However, the actions you take in the first hours and days are critical for protecting both your physical health and your legal right to compensation. Follow these four steps to the best of your ability.

1. Get Medical Care Immediately – Your health is the top priority. Seek emergency medical attention, even if you think your injuries are minor. Some serious conditions, like internal bleeding or traumatic brain injuries, may not have immediate symptoms. A thorough medical evaluation creates an official record of your injuries, linking them directly to the workplace accident. Be sure to tell the doctor exactly how you were hurt.
2. Report the Accident to Your Employer – Notify your supervisor or foreman about the accident as soon as possible. Texas law requires you to report a work injury within 30 days, but it’s best to do it immediately. Insist on filing a formal, written incident report. Do not just rely on a verbal notification. State the facts clearly and honestly. If possible, get a copy of the report for your own records.
3. Document Everything You Can – If you are physically able, use your phone to take pictures and videos of the accident scene. Capture the equipment involved, the hazardous condition that caused your injury, your visible injuries, and the general surroundings. Get the names and contact information of any witnesses, including co-workers and employees of other companies on site. Write down everything you remember about what happened as soon as you can.
4. Call an Austin Construction Injury Lawyer – Before you sign any paperwork from your employer or speak to an insurance adjuster, contact an attorney. Insurance companies will try to get you to give a recorded statement that they can use against you later. An experienced lawyer will handle all communications with the insurers, protect you from their tactics, and immediately begin the process of preserving evidence and building your case. This is the most important step to ensure your rights are fully protected.

Frequently Asked Questions

How much does it cost to hire a lawyer?

There are no upfront costs. We handle construction injury cases on a contingency fee basis. This means we advance all the expenses required to build your case, such as expert witness fees and court filing costs. We only collect a fee if and when we successfully recover compensation for you through a settlement or verdict. If we don’t win, you owe us nothing.

What is my case worth?

The value of a construction injury case is unique to each individual and depends on many factors. We calculate the full value by considering all economic damages (quantifiable losses like past and future medical bills, lost wages, and loss of future earning capacity) and non-economic damages (intangible losses like physical pain, mental anguish, disfigurement, and loss of enjoyment of life). The severity of the injury, the amount of evidence proving negligence, and the impact on your daily life all play a significant role. You can learn more by reading our guide on calculating pain and suffering.

I’m undocumented. Do I still have rights?

Yes, absolutely. Your immigration status has no bearing on your right to be compensated for an on-the-job injury in Texas. All workers, regardless of status, are protected under the law and are entitled to seek financial recovery for injuries caused by someone else’s negligence. All communications with our firm are completely confidential. We are here to protect your rights, not question your status.

What if I was partially at fault for my accident?

Even if you believe you may have been partially at fault, you may still be able to recover significant compensation. Texas follows a “proportionate responsibility” rule (also called modified comparative fault). This means you can recover damages as long as you are not found to be 51% or more at fault. Your total recovery would be reduced by your percentage of fault. For example, if you were found 20% at fault, you could still recover 80% of your total damages. Never assume you don’t have a case; let an experienced attorney evaluate the facts.

Get the Justice You Deserve

A serious construction injury can instantly derail your life, draining your savings, threatening your ability to provide for your family, and jeopardizing your entire future. You don’t have to face this crisis alone. The trial-tested attorneys at Gibbs & Crivelli have recovered millions of dollars for injured Texas workers by relentlessly taking on the large insurance companies and corporations that put their profits ahead of your safety.

Why choose us to fight for you?

• Proven Trial Experience: We are not just settlement negotiators; we are seasoned trial lawyers who prepare every case as if it’s going to court. Insurers know this and often make better offers as a result.
• Deep Knowledge of Texas Law: We have a comprehensive understanding of Texas workers’ comp, non-subscriber laws, and the specific OSHA regulations that govern construction sites.
• No Fees Unless We Win: Our contingency fee arrangement means you take on no financial risk. We invest our resources in your case, and you only pay if we secure compensation for you.
• Personal Attention Across Central Texas: We provide dedicated, personal service to our clients from our offices in Austin, Cedar Park, Georgetown, Pflugerville, Round Rock, San Marcos, Temple, Harker Heights, and Killeen.

Critical evidence can be lost or destroyed in the days following an accident. The time to act is now. Contact us today for a free, no-obligation consultation and let an experienced Austin Work Injury Lawyer from our team fight for the full and fair compensation you rightfully deserve.