At work
Dallas construction accident lawyer.
Construction sites in Texas often have a property owner, a general contractor and several subcontractors, and the company that caused your injury may not be the one that pays you. A fall from a roof or scaffold, a trench collapse, or a hit from a load or a machine can lead to a claim against your employer if it has no workers' comp, and against other companies on the site either way. Day laborers and cash workers have rights too. We sort out who was in control, preserve the site evidence, and explain your options in English or Spanish.
Right now
If you were just hurt on a job site.
- 01
Get medical care and say it was at work
Falls and crush injuries can hide head, spine and internal injuries. Tell the ER you were hurt on a construction site and how.
- 02
Report it in writing
Text or email your foreman or supervisor with the date, time, place and what happened. If your employer has workers' comp, you must report within 30 days.
- 03
Write down every company on the site
Names on trucks, trailers, hard hats, signs and the permit board. Who owned the scaffold, ladder or equipment. The general contractor's name is often on the gate.
- 04
Take photos if you safely can
The edge with no guardrail, the missing harness tie-off, the trench with no shoring, the broken ladder. Or ask a coworker you trust to take them.
- 05
Do not sign anything and call us
Waivers, statements or "accident reports" written by the company can hurt your claim. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Fall protection on construction sites
- Generally required at 6 feet or more above a lower levelSource: 29 C.F.R. 1926.501
- Trench protection
- Shoring, sloping or a trench box generally required at 5 feet deep or moreSource: 29 C.F.R. 1926.652
- Employer must report to OSHA
- A death within 8 hours; an amputation, eye loss or hospital admission within 24 hoursSource: 29 C.F.R. 1904.39
- Deadline to sue
- Generally 2 years from the injurySource: Tex. Civ. Prac. & Rem. Code 16.003
- Notice to an employer with comp
- Within 30 days of the injurySource: Tex. Labor Code 409.001
Texas law
Who can be responsible for a construction injury.
The answer depends on who controlled the work that hurt you and whether your employer carries workers' comp. Most serious construction cases involve more than one company.
| Who | When they may be responsible |
|---|---|
| Your employer | If it is a non-subscriber and its negligence helped cause the injury. With comp, usually only comp benefits |
| General contractor | When it controlled site safety, the schedule or the way the work was done |
| Other subcontractors | A different crew that dropped a load, left a hole uncovered or ran equipment carelessly |
| Property owner | Only if it controlled the work and actually knew of the danger |
| Equipment makers and rental companies | A defective scaffold, ladder, lift, harness or power tool, or one rented in bad condition |
| Drivers and trucking companies | A delivery truck, dump truck or concrete truck that struck a worker |
OSHA rules show what safe work looks like
Federal construction safety rules cover fall protection, scaffolds, ladders, trenches, electrical work and heavy equipment. A violation does not decide the case by itself, but it is strong evidence of what a careful company should have done.
Source: 29 C.F.R. Part 1926Property owners have special protection
Under Chapter 95, an owner is liable to a contractor's worker only if it exercised some control over the work and had actual knowledge of the danger. That makes owner claims harder, and evidence of control matters.
Source: Tex. Civ. Prac. & Rem. Code 95.003Non-subscriber employers cannot blame you
Many construction employers in Texas carry no workers' comp. If yours does not, it cannot defend by saying you were careless, a coworker caused it, or you accepted the risk.
Source: Tex. Labor Code 406.033Day laborers and subcontracted workers
Being hired off a corner or paid in cash does not take away your rights. Who controlled your work decides who your employer was, and the general contractor's own coverage may reach you in some cases.
How we work
How we build a construction case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Map every company on the project
Building permits, contracts and subcontracts, insurance certificates and site sign-in sheets show who was there and who controlled what.
02
Preserve the site and the equipment
Preservation letters for the scaffold, ladder, harness, lift or tool, site photos and video, daily logs and safety meeting records, before the job moves on.
03
Get the OSHA file
If OSHA investigated, we request its inspection file, photos, interview notes and any citations.
04
Bring in safety and medical help
A construction safety consultant can explain what fall protection or shoring was required. Medical experts, life care planners and economists help measure lifetime costs for serious injuries.
05
Pursue every responsible company
We bring claims against each company that shares fault, coordinate with any comp claim, and file suit when the offers are not fair.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He helped bond my brother out of jail, kept us updated and went above and beyond to get his case dismissed.”Questions workers ask us.
- I do not have papers. Can I still make a claim?
- Yes, injured construction workers can bring injury claims regardless of immigration status, and Texas courts have limited the use of status in injury trials. Talk to us privately. What you tell us stays between you and the firm.
- Who pays my bills while I cannot work?
- If there is comp, it pays medical care and part of your wages. If not, health insurance, a company injury plan, or doctors who agree to wait for the case. We help you line this up.
- Will OSHA or the company report me to immigration?
- OSHA's job is workplace safety, not immigration. An employer that threatens a worker over an injury claim may be creating more problems for itself. Tell us about any threats.
Dallas and Odessa
Job sites in Dallas and West Texas.
From our Oak Cliff office on Jefferson Boulevard we represent roofers, framers, drywall and concrete crews, electricians, laborers and road workers hurt on home builds, commercial projects and highway work across Dallas County and the rest of DFW. Our Odessa office represents construction workers on housing, commercial and industrial projects in Ector and Midland counties.
FAQ
Questions people ask.
Can I sue after falling from a ladder or scaffold at work?
Possibly. If your employer has no workers' comp, you may be able to sue it. Either way, you may have a claim against a general contractor, another subcontractor or the maker of a defective ladder or scaffold.
Is the general contractor responsible for my injury?
It can be when it controlled safety on the site or how the work was done. Contracts, safety plans and what happened on the ground all matter.
I was paid in cash as a day laborer. Do I have any rights?
Yes. Texas law looks at who controlled your work, not how you were paid. You may have a claim against the company that hired you and against others on the site.
OSHA cited the company. Does that mean I win?
No one can promise that, but a citation is useful evidence of the safety standard and what went wrong. The injury case is separate from OSHA's process.
My family member died on a construction site. What can we do?
The spouse, children and parents may have a wrongful death claim against companies that caused it. If the employer had comp and its gross negligence caused the death, the spouse and children may also seek exemplary damages. We are sorry for your loss and can explain this privately.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Workplace injuries
- Heavy equipment accidents
- Catastrophic injuries
- Burn injuries
- Wrongful death
- Defective products
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
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Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.