Hurt on a construction site in Austin: workers' comp, OSHA and finding a construction accident lawyer

First find out if your Austin employer carries workers' comp, because Texas lets most private employers opt out. Tell your employer within 30 days and file your state claim within one year. OSHA's Austin Area Office is at 1033 La Posada Dr., (512) 374-0271.

Last checked November 9, 2026 · Official sources (46)

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Road map of downtown Austin showing the I-35 corridor where a multi-year reconstruction is underway
OSHA's Austin office: (512) 374-0271, 1033 La Posada Dr. Map data © OpenStreetMap contributors.

Does my employer in Austin have to carry workers' comp?

Usually no. Most private Texas employers can choose. In 2024, 24% of Texas employers did not carry it, covering 13% of employees. Ask the state rather than your foreman. It answers coverage checks within one business day.

Employer has compEmployer has no comp
Your claimBenefits through the state system. File DWC Form-041 within a year.You can sue the employer directly.
Suing the employerGenerally barred.Allowed, and it cannot blame your own negligence.
What you must showThat you were hurt on the job.That the employer or its agent was negligent.
Watch out forDeadlines in the state process.Waivers signed before the 10th business day after your report may not hold.

A general contractor may agree to provide comp for the people under it. Contractors on public projects have to certify coverage. If you get paid in cash or by the day, you can still ask. Pay type does not decide this.

Can I sue someone besides my employer after a jobsite injury in Austin?

Often that is where the larger claim is. You can take comp and also sue an outside party who caused your injury. Think of another subcontractor, the company that supplied a bad scaffold or lift, or a driver on the site. If you recover money, the comp carrier generally gets paid back first.

  • General contractor: OSHA says a controlling contractor takes on obligations under the standards.
  • Property owner: Texas requires that the owner kept some control over how the work was done, and actually knew of the danger and failed to warn.
  • Time limit: generally 2 years to sue.

How do I report a jobsite accident to OSHA in Austin?

Texas is covered by federal OSHA area offices, and Austin has one at 1033 La Posada Dr., Suite 375. Call (512) 374-0271.

RuleTime
Employer reports a death8 hours.
Employer reports hospitalization or amputation24 hours.
OSHA can cite an incidentOnly within 6 months.
You report retaliation for complaining30 days.

Before you trust a company, look it up. OSHA's Establishment Search shows citations by employer. Falls are the leading killer: 389 of 1,034 construction deaths in 2024. Fall protection is generally required at 6 feet or more, and that standard led federal citations in fiscal 2024.

What if I was hurt on the I-35 project or a public job in Austin?

TxDOT calls I-35 Capital Express Central a $4.5 billion rebuild through downtown Austin, and its schedule shows the Lady Bird Lake segment in construction from 2024 to 2033. That means years of crews near live traffic. Your employer is likely a contractor, so the same comp questions apply.

A public owner adds a step. Claims against the state or a county generally need notice within 6 months. Claims against the City of Austin need a letter in 45 days. Drivers hurt in a work zone face those same deadlines if a public agency is involved.

Does Austin require rest breaks for construction workers?

Austin passed a rule in 2010. It gives construction workers at least a 10-minute break for every four hours worked. Then in 2023 Texas passed House Bill 2127, and a 2025 city health commission paper says that law restricts cities from enacting rules like mandatory water breaks.

We could not confirm whether Austin still enforces its rest break rule, so do not count on it. A missed break can still matter in a heat injury case.

Unpermitted work is another local flag. The city lists work without a permit among its common code violations, and you can report anonymously to 3-1-1.

Who can help me with a work injury claim in Austin for free?

  • State Division of Workers' Compensation, Barbara Jordan Building, 1601 Congress Ave. Call first. 800-252-7031, option 1, including help in Spanish.
  • Office of Injured Employee Counsel, 866-393-6432. Its ombudsmen cost nothing.

If a worker has died, the family has one year to file the DWC Form-042. The Travis County Medical Examiner handles deaths from unnatural causes.

Questions

Can I get workers' comp if I am undocumented in Austin?

The U.S. Department of Labor says the right to a safe workplace applies regardless of status. Ask DWC about benefits at 800-252-7031, option 1.

How long do I have after a construction accident in Texas?

30 days to tell your employer, one year for the comp claim and generally 2 years to sue.

Can my employer fire me for calling OSHA?

Retaliation complaints go to OSHA within 30 days.

Who investigates a jobsite death in Austin?

OSHA investigates, and the employer must report it within 8 hours. The Travis County Medical Examiner looks into unnatural deaths.

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Sources (46)

  1. Texas Labor Code 406.002, checked 2026-11-09. “an employer may elect to obtain workers' compensation insurance coverage”
  2. Tex. Lab. Code § 409.001(a), checked 2026-11-08. “shall notify the employer of the employee of an injury not later than the 30th day after the date on which: (1) the injury occurs;”
  3. Texas Department of Insurance, Injured employee FAQ, checked 2026-11-08. “completed DWC Form-041, within one year”
  4. OSHA, Texas area offices, checked 2026-11-08. “1033 La Posada Dr., Suite 375 Austin, TX 78752-3832”
  5. OSHA, Texas area offices, checked 2026-11-08. “(512) 374-0271”
  6. Texas Department of Insurance, checked 2026-11-09. “A DWC representative will respond and provide coverage information within one business day.”
  7. OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
  8. U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”
  9. Texas Department of Insurance, 2024 Biennial Report snapshot, checked 2026-11-08. “In 2024, the percentage of employers that were non-subscribers was the lowest since 2016, at 24%”
  10. Texas Department of Insurance, 2024 Biennial Report snapshot, checked 2026-11-08. “The percentage of Texas employees working for non-subscribers was the lowest in a decade at 13%.”
  11. Tex. Lab. Code § 406.033(a), (d), checked 2026-11-08. “it is not a defense that: (1) the employee was guilty of contributory negligence; (2) the employee assumed the risk of injury or death; or (3) the injury or death was caused by the negligence of a fellow employee. [...] the plaintiff must prove negligence of the employer or of an agent or servant of the employer”
  12. Texas Labor Code 408.001, checked 2026-11-09. “is the exclusive remedy of an employee covered by workers' compensation insurance coverage”
  13. Texas Labor Code 406.033, checked 2026-11-09. “the employee was guilty of contributory negligence”
  14. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  15. Texas Labor Code 406.033, checked 2026-11-09. “the waiver is entered into not earlier than the 10th business day after the date of the initial report of injury”
  16. Texas Labor Code 406.123, checked 2026-11-09. “A general contractor and a subcontractor may enter into a written agreement under which the general contractor provides workers' compensation insurance coverage”
  17. Texas Labor Code 406.096, checked 2026-11-09. “shall require the contractor to certify in writing that the contractor provides workers' compensation insurance coverage for each employee of the contractor employed on the public project”
  18. Texas Labor Code 417.001, checked 2026-11-09. “may seek damages from a third party who is or becomes liable to pay damages”
  19. Texas Labor Code 417.002, checked 2026-11-09. “shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for the compensable injury”
  20. OSHA Construction eTool, checked 2026-11-09. “The controlling contractor assumes all obligations under the standards, whether or not he subcontracts any of the work.”
  21. Texas Civil Practice and Remedies Code 95.003, checked 2026-11-09. “the property owner exercises or retains some control over the manner in which the work is performed”
  22. Texas Civil Practice and Remedies Code 95.003, checked 2026-11-09. “the property owner had actual knowledge of the danger or condition”
  23. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  24. OSHA, checked 2026-11-09. “Austin Area Office”
  25. OSHA, checked 2026-11-09. “A fatality must be reported within 8 hours.”
  26. OSHA, checked 2026-11-09. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
  27. OSHA, checked 2026-11-09. “you can file a whistleblower complaint within 30 days of the retaliation”
  28. OSHA Establishment Search, checked 2026-11-09. “You can now find citation information for violations that Federal OSHA has cited.”
  29. OSHA, checked 2026-11-09. “In 2024, there were 389 fatal falls to a lower level out of 1,034 construction fatalities”
  30. eCFR, 29 CFR 1926.501, checked 2026-11-09. “which is 6 feet (1.8 m) or more above a lower level shall be protected from falling”
  31. OSHA, checked 2026-11-09. “through September 30, 2024): Fall Protection, general requirements”
  32. TxDOT, CapEx Central Construction Mitigation Fact Sheet, checked 2026-11-09. “The I-35 Capital Express Central project is a $4.5 billion reconstruction of I-35 through downtown Austin.”
  33. TxDOT, CapEx Central Phasing (September 2026), checked 2026-11-09. “| Lady Bird Lake (Holly Street to Ben White Boulevard) | In construction | 2024 | 2033 |”
  34. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  35. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  36. City of Austin, Ordinance No. 20100729-047, checked 2026-11-09. “an employee performing construction activity at a construction site is entitled to a rest break of not less than ten (10) minutes for every four (4) hours worked.”
  37. Austin-Travis County Public Health Commission, Recommendation 20250604-005, checked 2026-11-09. “House Bill 2127 restricts the authority of cities and counties to enact local ordinances, such as mandating water breaks for outdoor workers.”
  38. City of Austin, Common Austin Code Violations, checked 2026-11-09. “work without a permit”
  39. City of Austin, Report a code violation, checked 2026-11-09. “You can always report anonymously.”
  40. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Barbara Jordan Building 1601 Congress Ave. Austin, TX 78701”
  41. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  42. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Llame y hable con un asistente para el cliente al 800-252-7031, opción número 1.”
  43. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “PO Box 12876, Austin, TX 78711-2876 | 866-393-6432”
  44. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  45. Texas Department of Insurance, Injured employee FAQ, checked 2026-11-08. “Claim for workers’ compensation death benefits and send it to DWC or the insurance carrier within one year from the date the employee died”
  46. Travis County Medical Examiner, FAQ, checked 2026-11-08. “Deaths due to unnatural causes”

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