You did not plan for this. No family expects a call that a loved one has been crushed by machinery, pinned under a collapsed form, or trapped by a failed trench wall. Yet here we are, trying to answer the question that will not let you sleep: what to do after a construction accident in Texas, and how do we protect the future for the person who did everything right and still got hurt.
At McCray Law Firm, we step into that chaos with a clear plan. Construction sites change overnight, memories fade, and Texas deadlines are brutal. Our job is to move quickly, methodically, and decisively so your legal rights do not get buried along with the wreckage.
Put safety and medical care first
Crushing injuries are medical emergencies. Bones, organs, nerves, and blood vessels are often damaged at the same time. Your first move is not legal, it is life saving.
If we are advising a family in real time, our first message is simple: call 911 for any serious injury. Let EMS handle extraction and stabilization. After that:
- Go to the emergency room or trauma center your doctors recommend.
- Do not try to “tough it out” or finish the shift.
- Tell every medical provider that this was a work-related construction accident in Texas.
Those medical records become the backbone of any claim. They document exactly when the accident happened, what body parts were crushed, and how fast you sought care. That timeline will matter later when an insurance company tries to argue that your injuries are “degenerative” or “preexisting.”
Report the accident and create a paper trail
Once immediate medical needs are addressed, we focus on documentation. Texas law expects injured workers to report the accident quickly. If you wait, employers and insurers will try to use that delay against you.
We guide families to take these steps as soon as reasonably possible:
- Report the construction accident in writing to the supervisor or site manager.
- Keep a copy or take a photo of whatever you submit.
- Note the date, time, location, equipment involved, and who saw what happened.
Under Texas workers compensation rules, injured workers typically must notify their employer of a work injury within 30 days to preserve benefits. That early report triggers an internal investigation and creates a record that the incident happened on the job site, not at home or on the weekend.
If you are too injured to report it yourself, a spouse or adult child can help gather names, photos, and documents while you are still in the hospital. We often step in at this stage to formalize that record and prevent the story from being rewritten by the company.
Secure the evidence before it disappears
Construction sites do not stay frozen. Concrete is poured, scaffolding is moved, trenches are filled, and damaged machinery is put back into service. Waiting a few days can mean losing the proof that shows exactly how your crushing injury happened.
When we take on a construction accident case, we treat the job site like a crime scene. We move immediately to:
- Get detailed photographs and video of the area where the incident occurred
- Capture images of equipment, guards, safety devices, and warning signs, or the lack of them
- Identify and interview witnesses before managers start shaping their statements
- Preserve any physical evidence, such as broken components, failed rigging, or collapsed structures
If a third party or equipment manufacturer may be involved, early evidence is critical. Without it, they will argue that the machine was safe, the trench was properly shored, or the slab was braced correctly until something “unrelated” happened later.
We send formal evidence preservation letters that legally require employers, subcontractors, and equipment manufacturers to save documents, inspection logs, and incident reports. If they ignore those letters, judges can impose serious sanctions that help your case.
Understand workers’ compensation versus lawsuits
One of the biggest misconceptions we see is the belief that every Texas employer must carry workers compensation. Texas is different. Many employers are “subscribers” to workers comp. Many others are “nonsubscribers” and have opted out of that system entirely.
That choice changes everything about what to do after a construction accident in Texas.
If your employer has workers’ compensation
If the employer subscribes to workers comp, the system is supposed to pay medical bills and a portion of lost wages for work related injuries. For construction workers with crushing injuries, that might include:
- Emergency hospital care
- Surgeries and follow up procedures
- Physical and occupational therapy
- Partial wage replacement if you cannot work
To protect those benefits, Texas rules typically require you to:
- Report your injury to your employer within 30 days
- File a workers compensation claim, usually within 1 year of the date of injury
An experienced attorney can help navigate this process, deal with adjusters, and fight claim denials or low benefit calculations. Injured workers can contact the Texas Division of Workers’ Compensation for assistance, but we know from experience that having a legal advocate levels the playing field.
If your employer is a nonsubscriber
When an employer opts out of workers compensation, they become a nonsubscriber under Texas law. That means you are usually not covered by workers comp, but it also means you may file a negligence lawsuit against the employer for unsafe conditions, inadequate training, or broken safety rules.
Nonsubscriber cases can open the door to a broader range of damages than workers comp, including:
- Full lost wages and lost future earning capacity
- Pain, mental anguish, and loss of enjoyment of life
- Disfigurement and loss of limb function
- Loss of household services and support
However, these cases move fast and are fought hard. Employers and their insurers will hire aggressive defense attorneys who try to discredit the victim, shift blame to the worker, or claim the injuries are not as severe as they clearly are. Our role is to anticipate those tactics and shut them down.
Spot potential third party claims
On a construction site, your direct employer is only part of the picture. There may be:
- General contractors
- Subcontractors
- Equipment rental companies
- Crane, scaffold, or formwork providers
- Manufacturers of tools, vehicles, or safety equipment
If any of those parties contributed to the hazard that crushed you or your loved one, they can often be held liable in a separate personal injury or wrongful death lawsuit. For example, a worker crushed by a forklift may have claims not only against the employer but also against the company that maintained the forklift or the manufacturer if there was a defect.
In Texas, most of these third party personal injury claims must be filed within 2 years from the date of the accident or the court will likely dismiss the case no matter how severe the injury is. When we investigate a site, we are always asking, “Who else shared responsibility for making this job safe, and where did they fail?”
Track deadlines and protect your right to compensation
Texas law is unforgiving when it comes to deadlines. Missing one can erase your right to recover, no matter how clear the negligence.
For construction accidents in Texas, there are typically three critical time frames:
- Employer notice, generally within 30 days for workers comp cases
- Workers compensation claim filing, usually within 1 year of the injury
- Negligence lawsuits against employers or third parties, typically within 2 years of the accident
If a Texas employer carries workers compensation, those workers comp deadlines are often shorter and stricter than civil lawsuit limits. If the employer is a nonsubscriber, the 2 year negligence deadline becomes the focus.
When someone comes to us who is close to the deadline, we can file emergency petitions to preserve their legal rights. Waiting, hoping things will “work out” with the insurance adjuster, is exactly what defense teams want. Our job is to make sure that clock does not run out in silence.
Protect your claim from insurance tactics
After a serious construction injury, it is common for multiple adjusters to start calling. Some represent your employer’s carrier. Others represent third parties. All of them are trained to protect their companies’ money.
We consistently give clients and families the same warnings:
- Do not give recorded statements without legal counsel.
- Do not guess about what happened or minimize your pain.
- Do not sign medical releases that give insurers full access to your history.
Anything you say can be used later to argue that you were careless, that your injuries are minor, or that your crushing injury was actually caused by an old sports accident. We take over those communications so you can focus on recovery.
If there is a dispute with a workers comp adjuster that cannot be resolved informally, we escalate it, involve supervisors, and when needed, use formal dispute resolution tools like benefit review conferences.
Plan for a future beyond the trades
Crushing injuries often end careers in the trades. A dominant hand is no longer usable. A leg cannot bear weight. Chronic pain and nerve damage make heavy labor impossible. Families are suddenly staring down a lifetime of lost income and medical needs.
We do not accept “back to light duty” as a complete plan when heavy labor was your path to supporting your family. In serious cases, we work with:
- Medical specialists to document permanent impairment
- Vocational experts to calculate lost earning capacity
- Life care planners to project long term medical and support costs
Those numbers drive settlement demands and trial presentations. We want the insurance companies to see the full economic impact of losing a skilled trades career, not just the next few paychecks.
This is where our role at McCray Law Firm becomes long term. We are not just chasing a quick check. We are building a case that recognizes what you have already given to the job and what has been taken from you.
When and why to involve McCray Law Firm
The best time to involve us is as soon as emergency medical care has stabilized the injured worker. Early on, we can:
- Secure the site and evidence before it changes
- Identify whether the employer is a workers comp subscriber or a nonsubscriber
- Map out potential third party claims
- Coordinate with investigators and, in fatal cases, with agencies and consulates that help families, including immigrant families, navigate repatriation and communication hurdles
We know that OSHA will usually investigate serious accidents, including deaths, and issue a report. However, OSHA fines for safety violations are often minimal, even in fatal cases. Relying on OSHA alone does not provide financial security for the family left behind. That is our job.
We are confident and aggressive when we need to be, but we are also realistic with families. We explain your options plainly, outline the likely timeline, and keep you updated as we build your case step by step.
“What do we do after a construction accident in Texas?”
Our answer is always the same: take care of the injured worker, lock down the evidence, and let us carry the legal fight.
Key takeaways
- Immediate medical care and clear documentation of a work related injury are the foundation of any Texas construction accident claim.
- Reporting the accident quickly to the employer and keeping copies of everything you submit protects your eligibility for workers compensation benefits.
- Texas employers may be subscribers or nonsubscribers to workers comp, and that choice drastically changes whether you pursue benefits, a lawsuit, or both.
- Most negligence lawsuits against employers and third parties must be filed within 2 years of the accident, so early investigation by a construction accident attorney is critical.
- McCray Law Firm focuses on securing evidence, identifying every responsible party, and building long term financial protection for workers whose crushing injuries end their careers in the trades.
FAQs
1. What is the very first thing we should do after a construction accident in Texas?
The first step is always medical. Call 911 or get to an emergency room immediately, especially with crushing injuries that can threaten limbs and organs. Once the injured worker is stabilized, report the incident to the employer, start documenting what happened, and contact a construction accident attorney who understands Texas rules and deadlines.
2. How long do we have to file a claim after a construction accident?
Texas generally allows 2 years from the date of the accident to file most personal injury lawsuits, including negligence claims against nonsubscriber employers and third parties. Workers compensation has shorter deadlines. Injured workers usually must notify the employer within 30 days and file a comp claim within 1 year. We recommend speaking with us as soon as possible so none of those time limits are missed.
3. What if my loved one’s employer does not have workers’ compensation insurance?
If the employer is a nonsubscriber, your family may have the right to sue for negligence. That can open the door to broader compensation, including full lost wages, future earning capacity, and pain and suffering. Nonsubscriber cases are contested aggressively, so having a law firm that understands this landscape is crucial.
4. Can we still have a case if OSHA is already investigating?
Yes. An OSHA investigation and any resulting fines do not replace your right to seek compensation for medical bills, lost income, and long term harm. OSHA focuses on safety violations and regulatory compliance, not on making families financially whole. We use OSHA findings as one piece of evidence within a much larger case strategy.
5. Does McCray Law Firm handle accidents at refineries and industrial plants too?
Yes. Many crushing injuries occur at refineries, plants, and industrial facilities where heavy equipment, confined spaces, and high pressure systems are involved. Our work as a refinery accident lawyer overlaps closely with construction accident cases, and we apply the same evidence driven, deadline focused approach in both settings.
This article is for informational purposes only and does not constitute legal advice. Accreditation requirements vary by state and payor contract.