Lubbock, Midland, Odessa, Wichita Falls
Construction Accident Attorneys
Construction accidents cause devastating injuries that can permanently alter your life and livelihood. In Texas, injured workers may have multiple paths to compensation—workers' compensation benefits, third-party lawsuits against negligent contractors or equipment manufacturers, or direct claims against non-subscriber employers. An experienced Lubbock construction accident lawyer can identify all liable parties, preserve critical evidence, and fight for maximum compensation covering medical expenses, lost wages, and pain and suffering.
At Malone Legal Group, attorneys Matt and Valeri Malone bring nearly 50 years of combined experience to every construction accident case. As a husband-wife legal team recognized by Super Lawyers and members of the Multi-Million Dollar Advocates Forum, we personally handle each case with the compassion and dedication that West Texas families deserve.
Construction remains the deadliest industry in America. According to the U.S. Bureau of Labor Statistics, construction had the most fatalities of any industry sector in 2023, with 1,075 workers losing their lives—the highest number in over a decade. Falls, slips, and trips accounted for 39.2 percent of all construction fatalities, with transportation incidents causing another 22.3 percent.
What Are the "Fatal Four" Construction Hazards
The Occupational Safety and Health Administration identifies four hazards—falls, struck-by incidents, electrocutions, and caught-in/between accidents—as the "Fatal Four" responsible for approximately 65 percent of all construction worker deaths. Eliminating these hazards could save hundreds of lives annually. Understanding these dangers helps workers recognize unsafe conditions and helps victims identify who may be liable for their injuries.
According to OSHA, fall protection violations remain the most frequently cited safety standard, with thousands of citations and tens of millions in penalties issued each year. The Bureau of Labor Statistics reported that most fatal falls in construction (64.4 percent) occurred from heights between 6 and 30 feet, demonstrating that even relatively short falls can be deadly.
Falls
Falls are the leading cause of death in construction, accounting for over 35 percent of all fatal construction accidents. Common fall hazards include:
- Falls from scaffolding, rooftops, and elevated platforms
- Falls through unprotected floor openings and skylights
- Falls from ladders and stairways
- Falls from machinery, cranes, and aerial lifts
OSHA requires employers to provide fall protection systems—including guardrails, safety nets, and personal fall arrest systems—whenever workers are exposed to fall hazards of six feet or more.
Struck-By Incidents
Struck-by incidents occur when workers are hit by falling objects, swinging equipment, or moving vehicles. These accidents account for approximately 15 percent of construction fatalities. Examples include:
- Being struck by falling tools, materials, or debris
- Being hit by swinging crane loads or backhoe buckets
- Being struck by vehicles or mobile equipment on site
- Flying debris from power tools or explosions
Electrocutions
Electrical hazards cause roughly 8 percent of construction worker deaths. Electrocutions commonly result from:
- Contact with overhead power lines
- Improper use of extension cords and power tools
- Failure to de-energize electrical systems during maintenance
- Damaged insulation or improper grounding
Caught-In/Between Accidents
Caught-in or caught-between accidents occur when workers are compressed, crushed, or trapped by equipment, materials, or collapsing structures. Common scenarios include:
- Trench collapses and cave-ins
- Being caught between machinery and fixed objects
- Unguarded moving parts pulling in clothing or body parts
- Collapsing structures or scaffolding
Injured in a Construction Accident in West Texas? We can help
Construction accidents can cause devastating injuries that profoundly impact individuals physically, emotionally, and financially. Whether you were harmed by a fall from scaffolding, struck by falling equipment, electrocuted by exposed wiring, or caught in a trench collapse, knowing how to navigate the aftermath is crucial. This comprehensive guide explores the various aspects of dealing with a construction accident claim, from immediate steps to long-term considerations.
What Are the Most Common Causes of Construction Accidents in Texas?
Construction accidents result from various factors including safety violations, inadequate training, defective equipment, and dangerous site conditions. Common causes include falls from heights without proper fall protection, struck-by incidents involving falling objects or moving equipment, electrocutions from contact with power lines, trench collapses without protective systems, crane and heavy equipment malfunctions, scaffold failures, and negligent supervision by contractors.
Safety Violations and OSHA Non-Compliance
When contractors cut corners on safety to save time or money, workers pay the price. Common violations include:
- Failure to provide required fall protection equipment
- Inadequate guardrails around floor openings and excavations
- Missing or defective machine guards
- Lack of proper lockout/tagout procedures
- Insufficient personal protective equipment (PPE)
Inadequate Training
Workers who lack proper training face elevated injury risks. Training deficiencies include:
- Failure to train workers on equipment operation
- Inadequate hazard recognition instruction
- Missing safety orientation for new employees
- Lack of competent person supervision
Defective Equipment and Tools
Equipment failures cause serious injuries when manufacturers or suppliers provide:
- Defectively designed scaffolding or fall arrest systems
- Malfunctioning power tools or machinery
- Faulty cranes, forklifts, or aerial lifts
- Defective safety harnesses or PPE
Dangerous Site Conditions
Property owners and general contractors must maintain reasonably safe work environments. Hazardous conditions include:
- Unprotected trenches and excavations
- Exposed electrical wiring
- Unstable structures or unsecured materials
- Poor housekeeping creating trip hazards
What Injuries Result from Construction Accidents?
Construction accidents cause some of the most severe workplace injuries, including traumatic brain injuries from falls and struck-by incidents, spinal cord injuries resulting in paralysis, crush injuries and amputations from heavy equipment, severe burns from electrocutions and explosions, broken bones and fractures, internal organ damage, and wrongful death. Many victims face permanent disabilities requiring lifelong medical care and preventing return to construction work.
Traumatic Brain Injuries (TBI)
Falls and struck-by incidents frequently cause traumatic brain injuries ranging from concussions to severe brain damage. TBI symptoms may include:
- Memory loss and cognitive impairment
- Difficulty concentrating and processing information
- Personality changes and mood disorders
- Permanent disability requiring long-term care
Spinal Cord Injuries
Falls from heights often result in spinal cord injuries causing:
- Complete or partial paralysis (paraplegia, quadriplegia)
- Loss of sensation and motor function
- Chronic pain and muscle spasticity
- Bowel and bladder dysfunction
Crush Injuries and Amputations
Heavy equipment and machinery can crush limbs or sever body parts, leading to:
- Traumatic amputations requiring prosthetics
- Crush syndrome affecting kidneys and organs
- Severe fractures requiring multiple surgeries
- Permanent disfigurement and disability
Burns and Electrocution Injuries
Electrical accidents and fires cause:
- Third-degree burns requiring skin grafts
- Cardiac arrest and heart damage from electrical shock
- Nerve damage and chronic pain
- Internal organ damage from electrical current
Other Common Construction Injuries
- Multiple bone fractures and compound fractures
- Internal bleeding and organ damage
- Hearing loss from equipment noise and explosions
- Respiratory conditions from toxic exposure
- Eye injuries from debris and chemicals
Who Can Be Held Liable for a Texas Construction Accident?
Multiple parties may share liability for construction accidents, including general contractors who control site safety, subcontractors whose negligence injures workers, property owners who create or permit hazardous conditions, equipment manufacturers whose defective products cause injuries, and architects or engineers whose faulty designs create dangers. Texas law allows injured workers to pursue third-party claims beyond workers' compensation to recover full damages.
General Contractors
General contractors typically bear primary responsibility for job site safety. They may be liable when they:
- Fail to implement adequate safety programs
- Ignore known hazards or OSHA violations
- Provide inadequate supervision of subcontractors
- Create dangerous conditions affecting multiple trades
Subcontractors
Subcontractors owe duties to their own employees and workers from other trades. Liability may arise from:
- Negligent work creating hazards for other workers
- Failure to follow safety protocols
- Inadequate training of their employees
- Leaving dangerous conditions unguarded
Property Owners
Property owners may be liable under premises liability theories when they:
- Know of dangerous conditions and fail to warn or correct them
- Maintain control over the job site
- Create hazardous conditions through their own negligence
- Fail to hire competent contractors
Equipment Manufacturers
Product liability claims apply when defective equipment causes injuries. Manufacturers may be strictly liable for:
- Design defects making equipment inherently dangerous
- Manufacturing defects in specific units or batches
- Failure to provide adequate warnings and instructions
Architects and Engineers
Design professionals may be liable when their negligence contributes to accidents through:
- Structural designs that fail during construction
- Inadequate specifications for safety systems
- Failure to identify site hazards during planning
How Malone Legal Group
Can Help You With Your Car Accident Case
Case Evaluation: We will carefully assess the details of your accident, evidence, and injuries to determine the strength of your case and advise on the best strategy to pursue.
Gathering Evidence: Our team will gather crucial evidence, including accident reports, witness statements, medical records, and any other relevant documentation to build a robust case.
Negotiation: We will engage in negotiations with insurance companies, at-fault parties, and their legal representatives to secure a fair settlement that compensates you adequately for your losses.
Maximized Compensation: Our goal is to ensure you receive the full compensation you deserve, covering medical expenses, lost wages, pain and suffering, property damage, and more.
Managing Paperwork: We will handle the complex paperwork and legal documentation, ensuring that all deadlines are met and all necessary documents are properly filed.
Communication: Our lawyers will communicate with all relevant parties on your behalf, relieving you of the stress of dealing with insurance adjusters, opposing attorneys, and other involved parties.
Objective Advice: Emotions can run high after an accident. Our attorneys offer an objective perspective, helping you make informed decisions that are in your best interest.
Protection of Rights: Your rights will be safeguarded throughout the process, ensuring that you are not taken advantage of by insurance companies or opposing parties.
It depends on whether your employer carries workers' compensation insurance. If your employer is a "subscriber," workers' comp is typically your exclusive remedy, and you cannot sue them directly. If your employer is a "non-subscriber," you can file a personal injury lawsuit and recover full damages including pain and suffering. Either way, you may have third-party claims against other negligent parties. Texas is unique as the only state allowing private employers to opt out of workers' compensation entirely. Approximately 20-30% of Texas employers are non-subscribers.
A third-party claim is a lawsuit against someone other than your employer who caused or contributed to your construction accident. Potential third-party defendants include general contractors, other subcontractors, property owners, equipment manufacturers, and architects. These claims allow you to recover damages beyond workers' compensation, including pain and suffering, that workers' comp doesn't cover. Third-party claims are especially important because workers' compensation benefits are often limited and don't include compensation for pain, suffering, or emotional distress.
Texas law requires employers to post notices informing workers whether they carry workers' compensation coverage. You can also verify your employer's status by contacting the Texas Department of Insurance, Division of Workers' Compensation at (512) 676-6000 or searching their online database. Your employment handbook should also disclose this information. Don't assume you have workers' compensation coverage just because you're receiving some benefits—some non-subscribers offer alternative injury benefit plans that are not true workers' compensation.
If your employer doesn't carry workers' compensation insurance, you have the right to file a personal injury lawsuit against them. Texas law punishes non-subscribers by preventing them from using common defenses—they cannot argue you were contributorily negligent, assumed the risk, or that a coworker caused your injury. This makes it easier to prove your case and recover full compensation. Non-subscriber cases often result in higher compensation than workers' comp because you can recover pain and suffering, mental anguish, and potentially punitive damages.
You generally have two years from the date of injury to file a personal injury lawsuit against third parties or non-subscriber employers. For workers' compensation, you must report your injury within 30 days and file a claim within one year. Claims against government entities require written notice within six months. Missing these deadlines can permanently bar your claim. Some exceptions may extend these deadlines, such as when injuries aren't immediately discovered. Contact an attorney promptly to protect your rights.
