Find a construction accident lawyer in Houston: comp, OSHA and who else may pay

Texas does not make most private employers carry workers' comp, so check first. Houston construction workers can verify coverage through TXCOMP. Tell your employer within 30 days and file a comp claim within 1 year. OSHA's Houston South office is 281-286-0583. You generally have 2 years to sue a third party.

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

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Road map of downtown Houston showing the I-45, I-69 and I-10 freeway loop that TxDOT plans to rebuild
Many Texas employers skip workers' comp, so verify coverage first. Map data © OpenStreetMap contributors.

How dangerous is construction work in Houston?

About 269,300 people worked in construction in the Houston area in September 2026, a preliminary figure. Texas recorded 125 construction deaths in 2024. Nationally, 389 of 1,034 construction deaths that year were falls to a lower level.

Road work adds risk for workers and drivers. Harris County had 1,525 work zone crashes in 2025, with 14 people killed. TxDOT's plan to rebuild the downtown freeway loop, including I-45, I-69, I-10 and SH 288, means more work near traffic. OSHA runs a regional emphasis program covering worksites in Texas and Oklahoma. Fall hazards at 6 feet or more must be protected.

Local cases show how things go wrong. OSHA investigated a June 2023 roof collapse at Friendswood High School that injured four workers, one of whom later died. It found two Houston-area contractors skipped a required engineering survey.

Does my Houston construction employer have to carry workers' comp?

Usually not. In 2022, 75% of private Texas employers carried it, and the smallest employers skipped it most, at 31% among those with 1 to 4 workers. If your direct employer is a small subcontractor, do not assume. The answer changes your whole case.

Your employer's statusWhat you can doDeadline
Has compGet medical and income benefits. You generally cannot sue that employer.Tell employer in 30 days. File in 1 year.
No comp (non-subscriber)Sue for negligence. It cannot blame your own carelessness or say you accepted the risk. You must prove the employer or its agent was negligent.2 years
A city, county or school projectGovernmental employers must have coverage, and contractors must certify theirs on public projects.Same comp deadlines

You can check coverage through TXCOMP, and DWC can respond within one business day. Be careful with anything your boss asks you to sign. A waiver signed before the 10th business day after you report the injury is not valid.

Who else can I sue after a Houston job site injury?

Comp may be your only claim against your direct employer, but it does not protect everyone else on site. You can claim comp and also sue a third party.

  • Another contractor whose crew or equipment caused the harm.
  • The company that made a defective ladder, lift or saw.
  • A property owner, but only if it kept some control over how the work was done and actually knew of the danger.
  • A driver who struck you in a work zone.

Watch for one trap. A general contractor and a subcontractor may agree in writing that the general provides coverage, which can shield the general from suit. Also, money from a third-party case first pays back the comp carrier. A federal rule says the controlling contractor takes on all obligations under the standards, even for work it subcontracts.

What do I do right after a construction accident in Houston?

  1. Get care first. The Level I trauma centers are Ben Taub and Memorial Hermann.
  2. Report the injury in writing and keep a copy.
  3. Take photos of the scaffold, guardrail or equipment, and write down the names of crew members.
  4. Call OSHA. Houston South is at 17625 El Camino Real, Suite 400. Houston North, in Conroe, is 936-760-3800.
  5. Get free help from the Office of Injured Employee Counsel in Houston, at 5425 Polk Street or 350 N. Sam Houston Pkwy. E. Phone 866-393-6432.
  6. Keep pay stubs, even if you were paid in cash.

Employers must report a worker's death to OSHA within 8 hours and a hospitalization or amputation within 24. You have the right to a safe workplace regardless of immigration status. DWC offers its help line in Spanish.

What if I was hurt on a Harris County or city project in Houston?

Harris County runs a Contractor Safety Program on applicable county construction projects. Its worker protection and complaint rules cover qualifying projects awarded on or after July 1, 2026. Ask whether your job falls under it.

For a city building permit problem, the Houston Permitting Center's investigations section is at 832-394-8841. If a city vehicle or crew caused the harm and you do not work for the city, verified notice is due in 90 days.

What should I ask a construction accident lawyer in Houston?

  • Did my employer really have coverage on the day I was hurt?
  • Which other companies on this site can be held responsible?
  • How do you handle cases when a worker has no papers?
  • How much of a third-party recovery goes back to the comp carrier?

Questions

How long do I have to report a construction injury in Texas?

Tell your employer within 30 days. File the comp claim within 1 year.

Can I sue my employer after a Houston construction accident?

Only if it does not have comp, in most cases. Without comp, you can sue for negligence.

I do not have papers. Can I still get help in Houston?

You have the right to a safe workplace regardless of immigration status. Talk to a lawyer about your specific claim.

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Sources (46)

  1. 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.”
  2. Texas Department of Insurance, Coverage Verification, checked 2026-11-09. “Verify coverage at TXCOMP NCCI website”
  3. Texas Labor Code 409.001, checked 2026-11-09. “not later than the 30th day after the date on which”
  4. 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”
  5. OSHA, Texas Area Offices, checked 2026-11-08. “Houston South Area Office 17625 El Camino Real, Suite 400 Houston, TX 77058 (281) 286-0583”
  6. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  7. Texas Department of Insurance, DWC Contacts, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  8. OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
  9. OSHA, checked 2026-11-09. “you can file a whistleblower complaint within 30 days of the retaliation”
  10. U.S. Bureau of Labor Statistics, State and Area Employment, checked 2026-11-09. “269.3(P)”
  11. U.S. Bureau of Labor Statistics, Fatal occupational injuries in Texas 2024, checked 2026-11-08. “| Construction | 125 |”
  12. OSHA, checked 2026-11-09. “In 2024, there were 389 fatal falls to a lower level out of 1,034 construction fatalities”
  13. TxDOT, Work Zone Crashes and Injuries by County 2025, checked 2026-11-09. “Harris 14 14 16 21 157 221 190 312 1,104 3,183 44 252 1,525”
  14. TxDOT, NHHIP Construction Updates, checked 2026-11-09. “encompasses the reconstruction of the downtown Houston freeway loop system, including I-45, I-69, I-10, and State Highway (SH) 288”
  15. OSHA, Regional Emphasis Program for Construction, checked 2026-11-09. “This Instruction applies to all worksites in Oklahoma, and Texas”
  16. 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”
  17. OSHA news release, Dec. 14, 2023, checked 2026-11-09. “the fatal roof collapse at Friendswood High School in June 2023”
  18. Texas Department of Insurance, Employer Participation 2022, checked 2026-11-08. “The employer subscription rate increased three percentage points to 75% in 2022”
  19. Texas Department of Insurance, Employer Participation 2022, checked 2026-11-08. “had the highest percentage of non-subscribers at 31% in 2022”
  20. Texas Labor Code 408.001, checked 2026-11-09. “is the exclusive remedy of an employee covered by workers' compensation insurance coverage”
  21. Texas Labor Code 406.033, checked 2026-11-09. “the employee was guilty of contributory negligence”
  22. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  23. Texas Department of Insurance, Coverage Verification, checked 2026-11-09. “All Texas governmental entities (public school, utility, city, or county) must have workers’ compensation coverage.”
  24. 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”
  25. Texas Department of Insurance, checked 2026-11-09. “A DWC representative will respond and provide coverage information within one business day.”
  26. 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”
  27. Texas Labor Code 417.001, checked 2026-11-09. “may seek damages from a third party who is or becomes liable to pay damages”
  28. 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”
  29. Texas Civil Practice and Remedies Code 95.003, checked 2026-11-09. “the property owner had actual knowledge of the danger or condition”
  30. 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”
  31. 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”
  32. 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.”
  33. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “HARRIS HEALTH BEN TAUB HOSPITAL 4/1/2028 Q HOUSTON 77030”
  34. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “MEMORIAL HERMANN - TEXAS MEDICAL CENTER 5/1/2028 Q HOUSTON 77030”
  35. OSHA, Texas Area Offices, checked 2026-11-08. “Houston North Area Office 690 S. Loop 336 W., Suite 400 Conroe, TX 77304 (936) 760-3800”
  36. Office of Injured Employee Counsel, Offices, checked 2026-11-08. “Houston East Field Office 5425 Polk Street, Suite 130 Houston, TX 77023-1454”
  37. Office of Injured Employee Counsel, Offices, checked 2026-11-08. “Houston West Field Office 350 N. Sam Houston Pkwy. E. #110 Houston, TX 77060-3318”
  38. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “Contact OIEC: (866) 393-6432”
  39. OSHA, checked 2026-11-09. “A fatality must be reported within 8 hours.”
  40. OSHA, checked 2026-11-09. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
  41. U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”
  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. Harris County Department of Economic Equity and Opportunity, Contractor Safety, checked 2026-11-09. “The Harris County Contractor Safety Program promotes safe working conditions on applicable County construction projects.”
  44. Harris County Department of Economic Equity and Opportunity, Contractor Safety, checked 2026-11-09. “for qualifying projects awarded on or after July 1, 2026”
  45. Houston Public Works, Houston Permitting Center notice, checked 2026-11-09. “Investigations Inspection Section 1002 Washington Ave, Houston, Texas 77002 832-394-8841”
  46. City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “duly verified, within 90 days after the same has been sustained”

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