Find a construction accident lawyer in San Antonio: comp, OSHA and third-party claims

After a construction injury in San Antonio, tell your employer within 30 days and file a comp claim within a year. Most private Texas employers can skip comp, so check first. You may also sue a third party. OSHA's area office here is (210) 472-5040.

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

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Road map of San Antonio showing I-35 northeast of downtown and the road to San Antonio International Airport, two large construction areas
Texas work injury: tell your employer within 30 days. Map data © OpenStreetMap contributors.

Does my San Antonio construction job have workers' comp?

Do not assume it does. The state says not all Texas employers provide comp, though most do. The answer sends your case one of two ways.

QuestionEmployer has compEmployer does not have comp
Who pays firstThe comp carrierUsually you must prove a claim against the employer
Can you sue the employer?Usually notYes, and it cannot blame you, a coworker or the risk of the job
What you must showA work injuryThe negligence of the employer or its agent
Key deadlines30 days to tell, 1 year to fileGenerally 2 years to sue
Third partiesCan still be suedCan still be sued

To check, call the Division of Workers' Compensation at 800-252-7031, option 1. The state says it answers coverage questions within one business day. Its San Antonio office is at 4440 S. Piedras Drive, Suite 205. A general contractor can agree in writing to cover a subcontractor's workers, so ask about the general contractor too.

Who else can I sue after a construction accident in San Antonio?

Big sites have many companies. Another contractor's crew, an equipment maker or the driver who hit you in a work zone may be responsible. You can claim comp and sue them both. If you win, the net recovery first goes back to repay the comp carrier.

  • A controlling contractor assumes obligations under OSHA's rules, even for subcontracted work.
  • A property owner is harder. It must keep some control over how the work is done, and have actual knowledge of the danger.
  • Permitting data is public through Open Data SA, which can help identify who pulled the permit.
  • Your share of fault counts in a third-party suit, and above 50 percent you get nothing.

How do I report an unsafe San Antonio job site to OSHA?

Texas has federal OSHA offices, not a state plan. Call the San Antonio Area Office at (210) 472-5040. It is in Fountainhead Tower, 8200 West Interstate 10, Suite 605. Texas also has a Safety Violations Hotline, 800-452-9595, that you can call from San Antonio.

  1. Write down what you saw: no harness, no guardrail, a trench without protection. Fall protection starts at 6 feet in construction.
  2. Call OSHA soon. It cannot issue violations for incidents more than 6 months old.
  3. Know what employers must report: a death within 8 hours, and a hospitalization or amputation within 24 hours.
  4. Search the company's history on OSHA's Establishment Search.
  5. If your employer punishes you for raising a safety problem, you have 30 days to file a retaliation complaint.

Falls cause the most deaths in this work: 389 of 1,034 construction deaths in 2024. OSHA findings do not pay you, but they can be strong evidence.

Where is the big construction work in San Antonio?

San Antonio International Airport is building Terminal C, with more than 850,000 square feet of new space, set to finish in the second quarter of 2028. TxDOT calls I-35 from N. Walters Street to FM 1103 one of the region's most heavily traveled corridors, and it is being expanded. Its I-10 East work runs from I-410 to the county line.

Bexar County had 3,847 work zone crashes in 2025, with 9 people killed. On public projects, the contractor must certify in writing that it provides comp for its workers. Ask for that certificate.

If your injury came from a City of San Antonio crew or property, not your employer, the charter calls for written notice within 90 days. That claim starts with the City Clerk. A claim about a TxDOT crew has a 6-month notice period.

What if a family member died on a San Antonio construction site?

We are sorry. The Bexar County Medical Examiner looks into sudden, violent and unexpected deaths, and families can call 210-335-4011 with questions. An autopsy report usually takes at least 12 weeks. Texas has special rules for who can bring a death claim, and a lawyer can explain them for your family.

Questions

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

Tell your employer within 30 days and file your claim within one year.

Can I sue my employer after a job site accident in San Antonio?

If it has comp, usually not. If it does not, you can sue.

Where is the OSHA office in San Antonio?

8200 W. Interstate 10, Suite 605. Call (210) 472-5040.

Can I file if I am undocumented?

Your right to a safe workplace does not depend on immigration status. Ask a lawyer how it affects your case.

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Sources (46)

  1. 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;”
  2. 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;”
  3. 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.”
  4. 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.”
  5. OSHA, Texas area offices, checked 2026-11-08. “Fountainhead Tower 8200 W. Interstate 10, Suite 605”
  6. Texas Department of Insurance, Employee resources, checked 2026-11-08. “DWC Form-041, Employee's Claim for Compensation”
  7. Office of Injured Employee Counsel, Offices, checked 2026-11-08. “San Antonio Field Office 4440 S. Piedras Drive, Suite 205”
  8. Office of Injured Employee Counsel, Contact Us, checked 2026-11-08. “Injured employees in Texas have the right to free services from OIEC”
  9. OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
  10. U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”
  11. Texas Department of Insurance, Employee resources, checked 2026-11-08. “Not all Texas employers provide workers' compensation insurance, but most do.”
  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. 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”
  14. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  15. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  16. Texas Department of Insurance, Employee resources, checked 2026-11-08. “call DWC at 800-252-7031, option 1”
  17. Texas Department of Insurance, checked 2026-11-09. “A DWC representative will respond and provide coverage information within one business day.”
  18. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “4440 S Piedras Drive, Suite 205”
  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. 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”
  21. 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.”
  22. 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”
  23. Texas Civil Practice and Remedies Code 95.003, checked 2026-11-09. “the property owner had actual knowledge of the danger or condition”
  24. City of San Antonio, BuildSA Online Services, checked 2026-11-09. “Open Data SA provides free access to City data. The information available includes: - 311 calls for service - Permitting data”
  25. 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”
  26. OSHA, checked 2026-11-09. “Austin Area Office”
  27. Texas Department of Insurance, Employee resources, checked 2026-11-08. “Safety Violations Hotline at 800-452-9595”
  28. 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”
  29. OSHA, checked 2026-11-09. “A fatality must be reported within 8 hours.”
  30. OSHA, checked 2026-11-09. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
  31. OSHA Establishment Search, checked 2026-11-09. “You can now find citation information for violations that Federal OSHA has cited.”
  32. OSHA, checked 2026-11-09. “you can file a whistleblower complaint within 30 days of the retaliation”
  33. OSHA, checked 2026-11-09. “In 2024, there were 389 fatal falls to a lower level out of 1,034 construction fatalities”
  34. San Antonio International Airport, Terminal C, checked 2026-11-09. “850,000+ sq. ft of new terminal space”
  35. San Antonio International Airport, Terminal C, checked 2026-11-09. “Q2 2028 Terminal C complete”
  36. TxDOT, I-35 Northeast Expansion program, checked 2026-11-08. “one of the region's most heavily traveled transportation corridors”
  37. TxDOT, I-10 East from I-410 to the Bexar/Guadalupe County Line, checked 2026-11-08. “heavy traffic use, large truck volumes”
  38. TxDOT, 2025 Work Zone Crashes by County, checked 2026-11-08. “Bexar 8 9 42 57 512 727 533 828 2,670 7,819 82 770 3,847”
  39. 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”
  40. San Antonio City Charter, Article XII, Sec. 150 (Municode), checked 2026-11-08. “notice in writing of such death, injury or destruction within ninety days after the injury has been sustained”
  41. City of San Antonio, Office of Risk Management FAQs, checked 2026-11-08. “All claims against the City must originate from the City Clerk”
  42. 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”
  43. Bexar County Medical Examiner's Office, checked 2026-11-08. “investigate the deaths of all individuals in Bexar County who die suddenly, violently, and unexpectedly”
  44. Bexar County Medical Examiner's Office, checked 2026-11-08. “please contact us directly at 210-335-4011”
  45. Bexar County Medical Examiner, Requesting Records, checked 2026-11-08. “It usually takes a minimum of 12 weeks to complete a report”
  46. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-08. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”

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