Houston Construction Accident Lawyer

A serious construction accident can leave you dealing with surgery, lost income, and questions about who is responsible. In Texas, the answer is often more complicated than “workers’ compensation.” A job site may involve a general contractor, several subcontractors, a property owner, equipment companies, and delivery drivers. One or more of those parties may have caused or contributed to the accident.

I am Greg Baumgartner. I have represented injured workers and families after fatal construction accidents since 1985. My first question is not simply whether workers’ compensation applies. I want to know who controlled the work, who created the hazard, what safety rules were ignored, and whether a third party can be held responsible for the full harm caused.

Baumgartner Law Firm offers free consultations. You pay no attorney fee unless we recover compensation for you.

Why Construction Accident Cases Require a Different Kind of Investigation

Construction cases are rarely as simple as identifying the person who made the last mistake. The company that caused the danger may not be the injured worker’s employer. A subcontractor may leave an opening unguarded. A general contractor may control a safety rule but fail to enforce it. A manufacturer may supply defective fall protection. A delivery truck or forklift operator may create a struck-by hazard.

After four decades of handling serious injury cases, I have learned that the most important evidence is often found in the relationships between the companies on the site. Contracts, safety plans, daily reports, inspection records, training files, equipment records, photographs, and witness accounts can show who had responsibility before the accident happened.

That is why we investigate both workers’ compensation and possible third-party claims. A third-party claim may allow recovery for losses that workers’ compensation does not fully pay, including pain, impairment, disfigurement, and lost earning capacity.

Construction Accident Experience That Matters

Baumgartner Law Firm has handled serious and fatal construction cases in Houston and across Texas for decades. Our experience includes:

• Fatal falls from roofs, scaffolds, and other elevated work areas.
• Electrocution cases involving serious injury and wrongful death.
• Fatal trench cave-ins where multiple companies denied responsibility.
• Forklift, semi-truck, and heavy machinery accidents on job sites.
• Crush deaths involving machinery and failures to control hazardous energy.
• Defective fall-protection and other safety-equipment cases.

These cases have taught us to expect blame-shifting. In several fatal cases, each defendant pointed to another company or to the worker who died. We build the case around documents, physical evidence, safety standards, witness testimony, and qualified experts instead of accepting the first version offered by an insurer or contractor.

Past results do not guarantee a similar outcome. Every construction accident depends on its own facts, defendants, insurance, injuries, and available evidence. You can also review more of our personal injury case results.

Examples of Construction Cases We Have Handled

Fatal Heavy-Equipment Accident

We represented the family of a young worker who was killed when heavy equipment malfunctioned and crushed him. Several defendants denied fault and blamed one another, including the worker. We filed suit, developed the liability evidence, and obtained a confidential multimillion-dollar settlement.

Scaffold and Roof Fall Deaths

We have represented families after fatal falls from scaffolds and roofs. In one scaffold case, the contractors blamed the worker. The case resolved for a substantial confidential amount, and we also worked to protect the family’s workers’ compensation death benefits. In a separate roof-fall case, we pursued claims against several defendants, including a general contractor and a safety-equipment manufacturer.

Fatal Trench Cave-In

We represented a family after a worker was crushed and killed in a trench. Multiple defendants disputed responsibility. The case ended in a large confidential settlement. Trench cases require fast evidence preservation because the excavation may be filled, altered, or covered soon after the accident.

Electrocution and Hazardous-Energy Cases

Our firm has handled electrocution injury and death cases and a fatal crush case involving machinery that started while a worker was servicing it. These cases can turn on electrical safety procedures, lockout/tagout practices, training, supervision, and who controlled the equipment.

Common Construction Accidents We Investigate

Falls From Heights

Falls remain one of the most serious construction hazards. Roof edges, scaffolds, ladders, floor openings, lifts, and unprotected elevated work can cause catastrophic injuries or death. OSHA’s construction fall-protection rules address when guardrails, safety nets, personal fall-arrest systems, and other protections are required.

We have handled fatal fall cases involving missing protection and defective safety equipment. In a serious fall case, we look at the safety plan, tie-off requirements, equipment condition, site inspections, training, and who had authority over the work area.

Trench and Excavation Accidents

A trench can collapse in seconds. OSHA trenching and excavation guidance discusses protective systems such as sloping, benching, shoring, or shielding, depending on site conditions. OSHA also calls for inspections by a competent person and safe access and exit in covered situations. We examine the soil, trench design, protective system, inspections, nearby equipment, weather, and site changes.

Electrocution and Electrical Injuries

Construction workers may be exposed to live wiring, damaged cords, temporary electrical systems, overhead lines, and equipment that was not properly de-energized. Electrical injuries can cause burns, heart injury, nerve damage, falls, and death. We look at who owned the equipment, who controlled the electrical work, and whether the required safety procedures were followed.

Forklift, Truck, and Heavy-Equipment Accidents

Job sites depend on moving equipment. Forklifts, dump trucks, delivery vehicles, cranes, loaders, and other machines can injure workers when traffic plans are poor, operators are not trained, visibility is limited, alarms fail, or companies do not coordinate the work. These accidents may create claims against a third-party contractor, vehicle operator, equipment owner, or manufacturer.

Caught-Between and Crush Accidents

Workers can be pinned between equipment, materials, walls, or moving parts. When machinery starts during maintenance or repair, the results can be fatal. We examine energy-control procedures, guarding, maintenance, training, and the roles of every company involved.

Defective Equipment and Safety Gear

A construction case may also be a product-liability case. Defective fall protection, machinery, guards, tools, or other equipment can cause an accident even when the worker is trying to follow the rules. Preserving the product before it is repaired, discarded, or returned is critical.

Workers’ Compensation Is Not Always the Whole Case

If your employer carries workers’ compensation insurance, Texas workers’ compensation exclusive-remedy law generally bars an ordinary negligence suit against that subscribing employer for a work-related injury. That does not automatically protect other companies that caused the accident.

A separate third-party claim may exist against a general contractor, subcontractor, property owner, equipment manufacturer, driver, vendor, or another company. In the right case, an injured worker may receive workers’ compensation benefits and also pursue a third-party injury claim.

Texas law also has a special rule in fatal cases. The workers’ compensation exclusive-remedy statute does not bar exemplary damages sought by qualifying survivors when an employee’s death was caused by the employer’s gross negligence or intentional conduct. The facts must support that claim.

If the employer does not carry workers’ compensation, different rules may apply. Our Houston work injury page explains third-party and non-subscriber claims in more detail.

Who May Be Liable for a Houston Construction Accident?

Potential defendants may include:

• General contractors and subcontractors.
• Property owners or project owners.
• Equipment manufacturers, sellers, or rental companies.
• Third-party drivers and delivery companies.
• Maintenance and service contractors.
• Other businesses that created or controlled the dangerous condition.

The name on a hard hat or paycheck does not answer the liability question. We study the contracts, control of the work, safety duties, equipment ownership, and actual conduct on the site. The goal is to identify every party whose negligence contributed to the injury.

What We Do After You Hire Us

Serious construction cases can change quickly. A job site may look completely different a week later. Equipment can be repaired. Video can be erased. Workers can move to another project. We start by protecting evidence.

1. Preserve the scene, equipment, photographs, video, and electronic records.
2. Identify the contractors, subcontractors, owners, and equipment companies involved.
3. Obtain contracts, safety plans, training files, inspection records, and incident reports.
4. Interview witnesses while memories are fresh.
5. Review OSHA findings and applicable safety standards without relying on OSHA to build the civil case for us.
6. Work with qualified construction, engineering, safety, medical, and economic experts when needed.
7. Document the full medical, financial, and personal impact of the injury.

In a fatal case, we also work with the family to document the person who was lost, not just the paycheck that stopped. That can be an important part of a Texas wrongful death claim.

Compensation in a Third-Party Construction Injury Claim

A third-party personal injury claim may seek compensation for losses such as:

• Past and future medical expenses.
• Lost wages and loss of future earning capacity.
• Physical pain and mental anguish.
• Physical impairment and disability.
• Disfigurement and scarring.
• Other damages allowed by Texas law.

If a construction accident is fatal, eligible family members and the estate may have wrongful death and survival claims. The damages depend on the relationship, financial losses, the evidence, and the facts of the death.

There is no reliable online calculator for a serious construction case. Value depends on liability, injuries, future medical needs, earning losses, available insurance and assets, and whether the evidence supports exemplary damages.

What to Do After a Construction Accident

1. Get medical care. Your health comes first. Prompt treatment also creates a clear record of the injury.
2. Report the injury to your employer. The Texas Department of Insurance says an injured worker generally must report the injury to the employer within 30 days if workers’ compensation applies.
3. Preserve what you can. Save photographs, videos, texts, names of witnesses, safety documents, and information about the companies on the site.
4. Do not sign a broad release or give a recorded statement to another company’s insurer before you understand your rights.
5. Speak with a lawyer early if the injury is serious, the accident was fatal, or another company may be responsible.

The general Texas personal injury deadline is a two-year statute of limitations, but exceptions and shorter notice rules can apply. The practical deadline to protect evidence is often much sooner.

Why Injured Workers and Families Choose Baumgartner Law Firm

I founded Baumgartner Law Firm in 1985 and have spent more than 40 years handling serious injury and wrongful death cases. I hold dual law degrees and am a graduate of the Trial Lawyers College. I keep a selective caseload because construction cases with major injuries deserve direct attention and careful preparation.

When I review a construction case, I do not assume the employer or insurer has identified every responsible party. I look for the company that controlled the hazard, the contract that assigned the safety duty, the equipment that failed, and the evidence that can prove what happened. That approach has helped us obtain substantial recoveries in difficult cases where multiple defendants denied responsibility.

If we accept your case, you work with an experienced injury lawyer. The consultation is free, and there is no attorney fee unless we recover compensation for you.

Houston Construction Accident FAQs

Can I file a personal injury claim if I am receiving workers’ compensation?

Yes, sometimes. If a third party other than your subscribing employer caused or contributed to the accident, you may be able to pursue a personal injury claim while receiving workers’ compensation benefits. The two systems interact, so the recovery must be handled carefully.

Can I sue my employer after a construction accident?

Usually not if your employer has Texas workers’ compensation coverage, because the exclusive-remedy rule generally protects a subscribing employer from an ordinary negligence lawsuit. Different rules can apply to non-subscribers and to certain fatal cases involving gross negligence.

What if a subcontractor caused my injury?

A negligent subcontractor can be a third-party defendant even though you were working on the same project. We investigate the subcontractor’s work, contracts, safety duties, employees, equipment, and insurance.

What if I was partly at fault?

In many Texas third-party negligence cases, you can still recover if your percentage of responsibility is 50% or less. Your damages are reduced by your percentage of fault. A finding that you are more than 50% responsible generally bars recovery under the proportionate-responsibility statute.

How long do I have to file a construction accident lawsuit in Texas?

The general deadline for a Texas personal injury lawsuit is two years from the injury date. Different deadlines or notice rules may apply in some cases. Workers’ compensation also has separate notice and claim deadlines.

What if my family member died in a construction accident?

A fatal construction accident may create wrongful death and survival claims, and there may also be workers’ compensation death benefits. We investigate third-party liability, available insurance, employer conduct, and the evidence needed to protect the family’s claims.

How much does it cost to hire Baumgartner Law Firm?

The initial consultation is free. We handle accepted construction accident cases on a contingency-fee basis. You do not pay an attorney fee unless we recover compensation for you.

Speak Directly With Greg Baumgartner About a Construction Accident

If you were seriously injured on a Houston construction site, or your family lost someone in a job-site accident, tell me what happened. I will explain the issues I see, whether a third-party or other claim may exist, and what evidence should be protected now.

Call Baumgartner Law Firm at (281) 587-1111 for a free, confidential consultation. No attorney fee unless we win.

Related Construction Accident Resources

Construction injury cases often turn on issues that are not obvious at the job site—who controlled the work, whether another contractor contributed to the accident, whether workers’ compensation applies, and what damages may be available. These resources explain those issues in more detail:

• Texas Third-Party Construction Accident Lawsuits — Learn when an injured construction worker may have a claim against a general contractor, subcontractor, property owner, equipment manufacturer, or another company in addition to workers’ compensation.
• Falls Are a Leading Cause of Death in Texas Construction Accidents — Explains common construction fall hazards, OSHA fall-protection issues, and why important evidence should be preserved quickly after a serious fall.
• Legal Implications of Construction Site Accidents in Texas — Provides an overview of negligence, liability, workers’ compensation, and personal injury claims after a Texas construction accident.
• On-the-Job Injury in Texas: Workers’ Comp or Personal Injury Case? — Explains how to tell whether a work injury is limited to workers’ compensation, supports a third-party personal injury claim, or may involve both.
• Damages for Workplace Injuries in Texas — Reviews the types of compensation that may be available when another person or company is legally responsible for a workplace injury.
• Independent Contractor or Employee for Accident Liability in Texas? — Explains why control over the work and a worker’s legal classification can affect who may be responsible for a construction-site injury.
• Understanding and Preventing Construction Site Accidents — Reviews common job-site hazards and safety failures that can lead to serious construction injuries and fatalities.