Find a construction accident lawyer in Midland: comp, third parties and who to call

Hurt on a Midland job site? First find out if your employer has workers' comp, because many Texas employers can choose not to. TDI's system lets you check. Tell your employer within 30 days and file the comp claim within one year. You may also be able to sue a third party within 2 years.

Last checked November 9, 2026 · Official sources (44)

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Road map of Midland County showing Interstate 20 and State Highway 349, where TxDOT lists major road projects
Tell your employer within 30 days and file comp within 1 year. Map data © OpenStreetMap contributors.

How dangerous is construction work in Midland?

We could not find an official count of construction injuries for Midland County alone. Here is what the records do show. TDI counted 557 work deaths in Texas in 2024, and 242 were transportation incidents. Nationally, falls caused 389 of 1,034 construction deaths in 2024. Fall protection is generally required at 6 feet or more.

Road work is a large part of the local risk. Midland County had 381 crashes in work zones in 2025, with 5 people killed. TxDOT has proposed rebuilding and widening I-20 from east of FM 1208 to east of SH 349, and lists SH 349 work under its Permian Promise program. If you work a road crew, a passing driver may be the third party who pays.

Does my employer in Midland have workers' comp?

Do not assume. Private Texas employers may choose coverage, and the state confirms it is optional for most of them. You can look up your employer's coverage on your injury date in TXCOMP, and the state answers coverage questions within one business day. On public projects, contractors must certify coverage.

Your situationWhat it meansDeadline
Employer has compYou generally cannot sue that employer30 days to report; 1 year to file
Employer has no compYou can sue, but must prove negligence, and it cannot blame your negligence2 years to sue
General contractor provided coverageIt may have agreed to provide comp for subsSame comp deadlines
Another company caused itYou can claim comp and sue the third party2 years to sue

If you win against a third party, your net recovery first pays back the comp carrier. Do not sign a post-injury waiver quickly. A non-subscriber's waiver cannot be signed before the 10th business day after the report.

Where do I get free help with a comp claim in Midland?

The state has a Midland/Odessa comp office at 4500 West Illinois Avenue, Suite 315. Lobby hours are limited, so call 800-252-7031, option 1, first. The Office of Injured Employee Counsel has a Midland field office at the same address and helps injured workers without a lawyer at no cost: 866-393-6432.

Can I sue the property owner or general contractor in Midland?

Sometimes. Texas protects property owners from most claims by contractors' workers. To win, you must show the owner kept some control over how the work was done, and that it actually knew of the danger and failed to warn. Federal OSHA says a controlling contractor assumes all obligations under its standards, whether or not it subcontracts the work. Which company ran the site matters.

City records can tell you who was building. In Midland, contractors must be registered with the city, with a $10,000 bond approved by the City Attorney. Construction projects typically need a permit. Code Administration reviews plans, issues permits and inspects work; call 432-685-7390. Ask for the permit and contractor name for your address.

How do I report a job site injury to OSHA in Midland?

  1. Call the Lubbock Area Office at (806) 472-7681, 1205 Texas Avenue, Room 806.
  2. A job-site death has to reach OSHA within 8 hours, and a hospitalization or amputation within 24 hours. Ask your employer whether it made the call.
  3. Look up the company's citations in OSHA's establishment search.
  4. Complain soon, because OSHA cannot cite an incident that is more than 6 months old.
  5. If you get fired for speaking up, you have 30 days to file a retaliation complaint.

Immigration status does not take away the right to a safe workplace. An OSHA finding does not pay you, but it is useful proof.

If a City of Midland crew or vehicle hurt you, written notice is due within 60 days.

Questions

How long do I have to file for workers' comp in Midland?

One year to file and 30 days to tell your employer.

Can I sue my employer after a construction accident?

If it has comp, generally no. If it has no comp, yes, if you prove negligence.

Who investigates a job site accident in Midland?

OSHA's Lubbock Area Office handles federal safety inspections here.

Can undocumented workers claim after a job injury?

Safety rights on a Texas job site apply regardless of immigration status. Ask a lawyer about your specific claim.

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Sources (44)

  1. Texas Labor Code 406.002, checked 2026-11-09. “an employer may elect to obtain workers' compensation insurance coverage”
  2. TDI, TXCOMP, checked 2026-11-08. “Verify an employer’s workers’ compensation coverage”
  3. Texas Labor Code 409.001, checked 2026-11-09. “not later than the 30th day after the date on which”
  4. TDI, DWC Form-041, checked 2026-11-08. “within one year of the dat”
  5. 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”
  6. OSHA, Texas area offices, checked 2026-11-08. “1205 Texas Avenue, Room 806”
  7. OSHA, Inspection Detail 1600456.015, checked 2026-11-08. “Office: Lubbock Area Office”
  8. Texas Labor Code 417.001, checked 2026-11-09. “may seek damages from a third party who is or becomes liable to pay damages”
  9. TDI, 2024 Census of Fatal Occupational Injuries, checked 2026-11-08. “In 2024, there were 557 fatal occupational injuries in Texas”
  10. TDI, Fatal work injury tables, 2024, checked 2026-11-08. “Total 557 75 242 10 77 62 91”
  11. OSHA, checked 2026-11-09. “In 2024, there were 389 fatal falls to a lower level out of 1,034 construction fatalities”
  12. 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”
  13. TxDOT, Work zone crashes by county, 2025, checked 2026-11-08. “Midland 4 5 10 11 40 56 31 41 287 804 9 47 381”
  14. TxDOT, I-20 public notice, checked 2026-11-08. “TxDOT is proposing to reconstruct and widen I- 20 from east of FM 1208 to east of SH 349 in Midland County”
  15. TxDOT, SH 349 project, checked 2026-11-08. “SH 349: CR 140 in Midland to Spur 576 in Rankin”
  16. 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.”
  17. Texas Department of Insurance, checked 2026-11-09. “A DWC representative will respond and provide coverage information within one business day.”
  18. 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”
  19. Texas Labor Code 408.001, checked 2026-11-09. “is the exclusive remedy of an employee covered by workers' compensation insurance coverage”
  20. 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”
  21. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  22. Texas Labor Code 406.033, checked 2026-11-09. “the employee was guilty of contributory negligence”
  23. 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”
  24. 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”
  25. 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”
  26. TDI, DWC contacts, checked 2026-11-08. “Midland/Odessa Limited lobby hours. Call before visiting.”
  27. TDI, DWC contacts, checked 2026-11-08. “800-252-7031, option 1”
  28. OIEC, Offices, checked 2026-11-08. “Midland Field Office 4500 West Illinois Avenue, Suite 315”
  29. OIEC, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost”
  30. 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”
  31. Texas Civil Practice and Remedies Code 95.003, checked 2026-11-09. “the property owner had actual knowledge of the danger or condition”
  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. City of Midland Contractor Registration, checked 2026-11-09. “To build or renovate properties in the City of Midland, contractors must be registered with the City.”
  34. City of Midland Contractor Registration, checked 2026-11-09. “a bond of ten thousand dollars ($10,000) must be provided and approved by the City Attorney”
  35. City of Midland Building Permits, checked 2026-11-09. “Construction projects typically require a building permit”
  36. City of Midland Permitting and Inspections, checked 2026-11-09. “Reviewing construction documents and issuing permits Registering contractors and verifying licensing Inspecting construction to verify compliance with permit requirements”
  37. City of Midland Permitting and Inspections, checked 2026-11-09. “Phone: 432-685-7390 Location: 300 N Loraine St #430, Midland TX 79701”
  38. OSHA, checked 2026-11-09. “A fatality must be reported within 8 hours.”
  39. OSHA, checked 2026-11-09. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
  40. OSHA Establishment Search, checked 2026-11-09. “You can now find citation information for violations that Federal OSHA has cited.”
  41. OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
  42. OSHA, checked 2026-11-09. “you can file a whistleblower complaint within 30 days of the retaliation”
  43. U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”
  44. City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”

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