Construction accident in El Paso: comp, OSHA and who else can pay

Tell your employer within 30 days and file your state claim within 1 year. Texas does not require most private employers to carry workers' comp, so check coverage first. OSHA's local office sits at 4849 North Mesa in Suite 200, and its number is (915) 534-6251. You can also sue a negligent third party within 2 years.

Last checked November 9, 2026 · Official sources (42)

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Road map of El Paso showing Interstate 10 through downtown between Executive Center Boulevard and Loop 478
Tell your boss within 30 days and file your comp claim within 1 year. Map data © OpenStreetMap contributors.

How dangerous is construction work in El Paso?

The danger here is real, and some of it is public record. OSHA said a 37-year-old El Paso worker died after a trench collapse in February 2024. That job was a City of El Paso waterline project. OSHA proposed $260,848 in penalties against the contractor.

Road work adds to the risk. TxDOT counted 952 work-zone crashes in El Paso County in 2025, with 2 people killed. TxDOT's proposed Downtown 10 project covers about 5.6 miles of I-10 through the city. City code also protects highway construction and maintenance workers as vulnerable road users, which may matter if a driver hit you in a work zone.

Nationally, falls are the leading killer in construction, with 389 of 1,034 deaths in 2024. Under federal rules, workers at a drop of 6 feet or more generally need fall protection.

What should I do first after getting hurt on an El Paso job site?

  1. Get care and say it happened at work. Tell each doctor the same thing.
  2. Give your employer notice within 30 days, in writing if you can.
  3. Ask the state whether your employer carries comp, and it answers within one business day.
  4. File DWC Form-041 within 1 year. Help is at 800-252-7031, option 1, in English or Spanish.
  5. Write down the general contractor, subcontractors, the crane or scaffold company and anyone who saw it.
  6. Take photos of the site, tools and any missing guardrail or trench box before it changes.

The state office is in El Paso too. The Division of Workers' Compensation is at 401 East Franklin Avenue, Suite 330. OIEC's field office is at the same address, and its line is 866-393-6432. OIEC ombudsmen help without a lawyer and at no cost.

Who pays for a construction injury in El Paso?

Your situationWho may payWhat to know
Employer has compIts insurance carrierYou generally cannot sue your own employer.
Employer has no compThe employer, through a lawsuitIt cannot blame your negligence. You must still prove its negligence.
A different company caused itThat company and its insurerYou can claim comp and sue the third party.
A public projectContractor's comp carrierContractors must certify coverage on public projects.
A property ownerThe owner, in limited casesOwner must keep some control and actually know of the danger.

A subcontractor's worker may have more options than it first seems. A general contractor may agree to provide coverage for those below it. If you win a third-party case, your net recovery first pays back the comp carrier. Do not sign a waiver right after the injury. Texas limits them before the 10th business day after you report it.

A claim against the City of El Paso is a separate track. If a city crew or city vehicle hurt you and you do not work for the city, a sworn notice must reach the Mayor within 90 days, or within 6 months for good cause.

How do I report an unsafe job site to OSHA in El Paso?

Call the El Paso Area Office at (915) 534-6251 or go to 4849 N. Mesa, Suite 200. Texas has federal OSHA area offices. Do it soon, because OSHA cannot cite incidents more than 6 months old.

  • Your employer must report a death within 8 hours.
  • A hospitalization, amputation or eye loss must be reported within 24 hours.
  • A retaliation complaint about being punished for speaking up must be filed within 30 days.
  • A safe workplace is your right whatever your immigration status.
  • Look up an employer's citations through OSHA's establishment search.

An OSHA finding does not pay you. It can still help show that a company ignored a known danger.

What can a family do after a construction death in El Paso?

We are sorry for your loss. OIEC's ombudsmen also help families after a work-related death, at no cost. The county Medical Examiner investigates sudden deaths and is at 4505 Alberta Avenue, 915-273-3403. A death certificate from the County Clerk is $21, and each additional copy is $4. Take the time you need, and ask for help with the deadlines.

Questions

How long do I have after a construction injury in El Paso?

Tell your employer in 30 days and file your claim in 1 year. A lawsuit against a third party generally must be filed within 2 years.

Where is OSHA in El Paso?

4849 N. Mesa, Suite 200. Phone (915) 534-6251.

Can I sue my own employer for a job site injury in El Paso?

Not usually if it has comp. If it does not, you may be able to sue, and it cannot blame your negligence.

Does it matter if I am undocumented?

Your status does not change your right to a safe job site. Talk to OIEC at 866-393-6432 about your claim.

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Sources (42)

  1. Texas Labor Code 409.001, checked 2026-11-09. “not later than the 30th day after the date on which”
  2. Texas Labor Code 409.003, checked 2026-11-09. “a claim for compensation for an injury not later than one year after the date on which”
  3. Texas Department of Insurance, checked 2026-11-09. “In Texas, private employers can choose to carry workers' compensation insurance coverage (subscribers), but it is not required in most cases.”
  4. U.S. Department of Labor, OSHA Texas Area Offices, checked 2026-11-08. “4849 N. Mesa, Suite 200 El Paso, TX 79912-5936”
  5. Texas Labor Code 417.001, checked 2026-11-09. “may seek damages from a third party who is or becomes liable to pay damages”
  6. Texas Civil Practice and Remedies Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
  7. OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
  8. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  9. Office of Injured Employee Counsel, Field Offices, checked 2026-11-08. “401 East Franklin Ave., Suite 330 El Paso, TX 79901-1250”
  10. OSHA news release, checked 2026-11-09. “a 37-year-old employee from suffering fatal injuries in February 2024”
  11. OSHA news release, checked 2026-11-09. “The City of El Paso had contracted the company for pipework for the Cedar Grove Waterline Replacement project”
  12. OSHA news release, checked 2026-11-09. “The company faces $260,848 in proposed penalties.”
  13. TxDOT, 2025 Work Zone Crashes and Injuries by County, checked 2026-11-08. “El Paso 2 2 10 11 118 164 88 141 714 2,010 20 184 952”
  14. TxDOT Downtown 10, checked 2026-11-09. “Limits: Executive Center Blvd to Loop 478 (Copia St.) Length: approximately 5.6 miles”
  15. El Paso City Code 12.80.220, checked 2026-11-09. “highway construction and maintenance worker”
  16. OSHA, checked 2026-11-09. “In 2024, there were 389 fatal falls to a lower level out of 1,034 construction fatalities”
  17. 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”
  18. Texas Department of Insurance, checked 2026-11-09. “A DWC representative will respond and provide coverage information within one business day.”
  19. Office of Injured Employee Counsel, If You Have Been Injured at Work, checked 2026-11-08. “Occupational Disease (DWC Form-041) to TDI-DWC within one year of the date of injury”
  20. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  21. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “El Paso State Office Building 401 East Franklin Avenue, Ste 330 El Paso, TX 79901-1250”
  22. Office of Injured Employee Counsel, Contact Us, checked 2026-11-08. “All field offices can be reached at [email protected] or 866-393-6432”
  23. Texas Labor Code 408.001, checked 2026-11-09. “is the exclusive remedy of an employee covered by workers' compensation insurance coverage”
  24. Texas Labor Code 406.033, checked 2026-11-09. “the employee was guilty of contributory negligence”
  25. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  26. 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”
  27. 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”
  28. Texas Civil Practice and Remedies Code 95.003, checked 2026-11-09. “the property owner had actual knowledge of the danger or condition”
  29. 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”
  30. 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”
  31. 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”
  32. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
  33. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
  34. OSHA, checked 2026-11-09. “Austin Area Office”
  35. OSHA, checked 2026-11-09. “A fatality must be reported within 8 hours.”
  36. OSHA, checked 2026-11-09. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
  37. OSHA, checked 2026-11-09. “you can file a whistleblower complaint within 30 days of the retaliation”
  38. U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”
  39. OSHA Establishment Search, checked 2026-11-09. “You can now find citation information for violations that Federal OSHA has cited.”
  40. El Paso County, Medical Examiner, checked 2026-11-08. “the determination of cause and manner of death in sudden, unexpected, or unexplained deaths occurring within the El Paso County”
  41. El Paso County, Medical Examiner, checked 2026-11-08. “4505 Alberta Avenue El Paso, TX 79905”
  42. El Paso County, Birth & Death Certificates, checked 2026-11-08. “Death Certificate - El Paso County $21 Additional Death Certificate $4”

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