Find a construction accident lawyer in McAllen: comp, OSHA and who else pays

First find out if your employer has workers' comp, because most private Texas employers may opt out. Tell your employer within 30 days. File with the state within one year. Help is close: the state comp office and the free injured worker counsel are both in Weslaco.

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

Construction accident in McAllen? See if you are owed money.

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Road map of McAllen with the area around 311 N. 15th Street shown, home of the city office that issues building permits and inspects construction
Tell your employer about a McAllen jobsite injury within 30 days. Map data © OpenStreetMap contributors.

Does my McAllen construction employer have workers' comp?

Do not assume it does. Texas lets most private employers choose. Ask the Division of Workers' Compensation at 800-252-7031, option 1, where a Spanish-speaking assistant is available. The state answers coverage questions within one business day.

What you learnWhat it meansDeadline
Employer has compBenefits are usually your only claim against the employer or a coworker. The insurer pays, not the state.Tell employer in 30 days, file within 1 year
Employer has no compYou can sue, and it generally cannot blame you, a coworker or the risk of the job. You must still prove negligence.Generally 2 years
A public projectContractors on public jobs must certify coverage.Ask the agency for the certificate
Someone else caused itYou can claim comp and also sue that outside party.Generally 2 years

Many jobsites use chains of subcontractors. A general contractor can agree in writing to provide comp for subs. So ask who else's name is on the contract, and do not stop at your direct boss.

What should I do after a jobsite injury in McAllen?

  1. Get care first. South Texas Health System McAllen and DHR Health in Edinburg are Level I trauma centers.
  2. Report the injury to your supervisor and write down the date and who you told.
  3. Photograph the scaffold, ladder, trench or tool. OSHA says falls were 389 of 1,034 construction deaths in 2024. Falls are the first thing an investigator looks at.
  4. Do not sign anything right away. A post-injury waiver cannot come before the 10th business day after your report.
  5. Fill out and send Form-041, the employee's claim form, from the state packet.
  6. If anyone asks you to pay to get benefits, stop. Texas warns you never have to pay.

Where can injured construction workers get free help near McAllen?

  • Division of Workers' Compensation, Valley office, 1108 West Pike Blvd., Weslaco.
  • Office of Injured Employee Counsel, same address, 866-393-6432. Its ombudsmen help unrepresented workers and death beneficiaries at no cost.
  • State safety violations hotline: 800-452-9595.
  • OSHA's Corpus Christi Area Office, 400 Mann Street, Suite 100, (361) 888-3420.

We could not find an OSHA page that names which area office covers Hidalgo County. The Corpus Christi office's own page lists an entry for a UTRGV and McAllen ISD academy project, so it is a sensible first call. OSHA's main line can route you if not.

How do I report an unsafe jobsite in McAllen to OSHA?

Texas has federal OSHA area offices. A company has 8 hours to report a death, and a hospitalization, amputation or eye loss within 24 hours. You can also look a company up in OSHA's establishment search to see its citations.

Speed counts. OSHA cannot cite an incident more than six months old. If you are punished for complaining, you have 30 days to file a whistleblower complaint. The right to a safe workplace applies no matter your immigration status.

Who else can I sue after a McAllen construction accident?

A truck driver, an equipment maker or another subcontractor may owe you even if your employer has comp. Money you recover first pays back the comp carrier. A property owner is harder. The owner must have kept some control over how the work was done and had actual knowledge of the danger.

City records help you find names. Building Permits and Inspections is at 311 N. 15th Street, (956) 681-1300, and permits run through an online portal. Ask who pulled the permit.

The city says electrical, A/C and plumbing work needs a state licensed contractor, and an inspector who finds work without a permit issues a Stop Work Order. To report that kind of site, call (956) 681-3111 or use the 311 app.

If a city crew or a city project caused your injury and you do not work for the city, a notice deadline of six months at most applies, and a city can set less. File through Risk Management at (956) 681-1410. Your share of blame in a lawsuit must be 50% or less.

Questions

How long do I have to file a comp claim after a McAllen jobsite injury?

One year to file with the state, and 30 days to tell your employer.

Can I file a claim if I am undocumented?

OSHA rights apply regardless of status. Talk to the state ombudsman or a lawyer about how it affects your comp claim.

Where is the workers' comp office near McAllen?

1108 West Pike Blvd. in Weslaco.

Can I sue my employer in McAllen?

Only in limited cases if it has comp. If it has no comp, you can sue.

Construction accident in McAllen? See if you are owed money.

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Sources (46)

  1. Tex. Lab. Code § 406.002(a), checked 2026-11-08. “Except for public employers and as otherwise provided by law, 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. Tex. Lab. Code § 409.003, checked 2026-11-08. “shall file with the division a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred;”
  4. Texas Department of Insurance, DWC Contact Us, checked 2026-11-08. “Weslaco 1108 West Pike Blvd. Weslaco, TX 78596-4651”
  5. Office of Injured Employee Counsel, OIEC Offices, checked 2026-11-08. “Weslaco Field Office 1108 West Pike Blvd. Weslaco, TX 78596-4651”
  6. Texas Department of Insurance, checked 2026-11-09. “A DWC representative will respond and provide coverage information within one business day.”
  7. 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”
  8. Texas Department of Insurance, Workers' Compensation, checked 2026-11-08. “you never have to pay to get your benefits in Texas”
  9. 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.”
  10. Texas Department of Insurance, DWC Contact Us, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  11. Texas Department of Insurance, DWC Contact Us, checked 2026-11-08. “Llame y hable con un asistente para el cliente al 800-252-7031, opción número 1.”
  12. Tex. Lab. Code § 408.001(a), checked 2026-11-08. “Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or a work-related injury sustained by the employee.”
  13. Texas Department of Insurance, Injured Employee Resources, checked 2026-11-08. “DWC does not pay benefits on workers’ compensation claims.”
  14. 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”
  15. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  16. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  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. Tex. Lab. Code § 417.001(a), checked 2026-11-08. “An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also pursue a claim for workers' compensation benefits under this subtitle.”
  19. 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”
  20. South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
  21. DHR Health, Level I Trauma Center, checked 2026-11-08. “The DHR Health Level 1 Trauma Center provides the highest level of trauma care available”
  22. OSHA, checked 2026-11-09. “In 2024, there were 389 fatal falls to a lower level out of 1,034 construction fatalities”
  23. Texas Department of Insurance, Injured Employee Resources, checked 2026-11-08. “DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease”
  24. Office of Injured Employee Counsel, OIEC Offices, checked 2026-11-08. “Phone: 866-393-6432”
  25. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  26. Texas Department of Insurance, DWC Contact Us, checked 2026-11-08. “Safety Violations Hotline 800-452-9595”
  27. OSHA, Texas Area Offices, checked 2026-11-09. “Corpus Christi Area Office 400 Mann Street, Suite 100 Corpus Christi, TX 78401 (361) 888-3420”
  28. OSHA, Corpus Christi Area Office, checked 2026-11-09. “Noble Texas Builders - University of Texas Rio Grande Valley-McAllen Independent School District Collegiate Academy”
  29. OSHA, checked 2026-11-09. “Austin Area Office”
  30. OSHA, checked 2026-11-09. “A fatality must be reported within 8 hours.”
  31. OSHA, checked 2026-11-09. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
  32. OSHA Establishment Search, checked 2026-11-09. “You can now find citation information for violations that Federal OSHA has cited.”
  33. OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
  34. OSHA, checked 2026-11-09. “you can file a whistleblower complaint within 30 days of the retaliation”
  35. U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”
  36. 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”
  37. 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”
  38. Texas Civil Practice and Remedies Code 95.003, checked 2026-11-09. “the property owner had actual knowledge of the danger or condition”
  39. City of McAllen, Building Permits & Inspections, checked 2026-11-09. “311 N. 15th Street McAllen, TX 78501- Phone : [956] 681-1300”
  40. City of McAllen, Building Permits & Inspections, checked 2026-11-09. “Obtain Permits thru our permit portal: https://onlinepermits.mcallen.net/portal/”
  41. City of McAllen, Building Violations, checked 2026-11-09. “Work that requires a State License Contractor - Electrical Contractor - A/C (mechanical) Contractor - Plumbing Contractor”
  42. City of McAllen, Building Violations, checked 2026-11-09. “If the Building Inspector finds work in progress without the required permit a Stop Work Order will be issued”
  43. City of McAllen, Building Violations, checked 2026-11-09. “To report any work being done without the required permits or licenses, call 956-681-3111 or use the McAllen 311 app”
  44. 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”
  45. City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
  46. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”

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