Construction work is dangerous, and El Paso’s ongoing growth means many workers spend their days in potentially hazardous conditions. From wastewater treatment plant expansions to I-10 highway improvements and new commercial developments on the Eastside, construction crews continue to build the infrastructure that keeps the city moving.
When safety measures fail and a worker is injured, an El Paso construction accident lawyer at The NMW Law Firm can help pursue accountability. Call (915) 444-5025 today for a free consultation.
Get a Free ConsultationEl Paso Construction Accident Attorneys Serving Injured Workers
The NMW Law Firm represents construction workers injured across the El Paso region, backed by years of litigation experience. Founded by Nicholas M. Wills on principles of transparency and clear communication, the firm assists those hurt on TxDOT projects, commercial sites near Cielo Vista, and residential builds in the Upper Valley. The attorneys work to identify all potentially responsible parties and pursue compensation available under the law.
Because many local construction workers are Spanish-speaking, the firm provides bilingual services so clients can communicate in the language they prefer. Attorney Hugo R. Montes and the team explain options in straightforward terms without jargon.
Each case begins with a detailed investigation that may include collecting job-site evidence, obtaining OSHA records when available, interviewing witnesses, and reviewing safety histories.
The attorneys review the actions of contractors, property owners, and equipment manufacturers to determine who may be responsible. Clients receive steady updates throughout the process, whether their matter proceeds to negotiation or trial.
Past Case Results
OSHA's Fatal Four Hazards on Texas Construction Sites
The Occupational Safety and Health Administration has identified four hazard categories responsible for the majority of construction worker deaths nationwide. According to the Texas Department of Insurance, falls caused 37% of construction deaths in 2021, while electrocution and struck-by accidents each accounted for about 8% of fatalities.
Caught-in or caught-between incidents made up approximately 5% of construction worker deaths that same year. Workers in El Paso face these same risks on job sites ranging from downtown projects to suburban housing developments.
Falls From Heights at El Paso Construction Sites
Falls remain the leading cause of death in the construction industry. Workers fall from scaffolding, ladders, roofs, and unprotected edges when employers fail to provide proper fall protection systems.
OSHA standards require fall protection for workers at heights of six feet or more in construction settings, yet violations of fall protection requirements consistently rank among the most frequently cited OSHA standards.
Fall accidents on construction sites commonly occur in situations involving the following:
- Unprotected edges and floor openings without guardrails
- Improperly assembled or maintained scaffolding
- Damaged or incorrectly positioned ladders
- Roofing work without fall arrest systems
- Aerial lifts and elevated platforms lacking proper safety equipment
A fall from even a moderate height may result in traumatic brain injuries, spinal cord damage, broken bones, or death. Employers who fail to provide required fall protection may face OSHA citations and potential liability for worker injuries.
Struck-By Accidents and Falling Objects
Construction workers face constant risk from objects that swing, fall, or fly through the air. Crane loads, falling tools, and shifting materials may strike workers who lack adequate protection or warning. Heavy equipment operators with limited visibility may strike workers on foot. Proper training, high-visibility vests, and designated work zones help prevent these accidents, but some job sites operate without adequate safety measures.
Electrocution Risks on Construction Job Sites
Exposed wiring, contact with overhead power lines, and faulty extension cords create serious electrocution hazards. Workers must maintain safe distances from power lines and use properly grounded equipment. Wet conditions near outlets, energized conductors, and poorly maintained power tools and cords all contribute to electrocution risks on construction sites.
Caught-In and Caught-Between Accidents
Workers suffer caught-in or caught-between injuries when crushed by collapsing trenches, pinched by machinery, or compressed between moving equipment and fixed objects. Trench collapses pose particular dangers on utility projects, including water and sewer line installations. Proper shoring, trench boxes, and equipment lockout procedures are intended to reduce the risk of these incidents
Texas Laws Governing Construction Accident Claims
Texas has a unique legal landscape for workplace injuries that creates both challenges and opportunities for injured construction workers. Unlike most states, Texas does not require private employers to carry workers' compensation insurance underTexas Labor Code Section 406.002. This system affects how injured workers pursue compensation depending on their employer's insurance status.
Workers' Compensation vs. Non-Subscriber Claims
Texas employers may elect to subscribe to the state workers' compensation system or opt out as non-subscribers. Under the Texas Workers' Compensation Act, subscribing employers gain protection from most employee lawsuits but must pay benefits regardless of fault.
Workers injured by subscribing employers typically receive benefits through the workers' compensation system. These benefits cover medical expenses and a portion of lost wages but generally do not include compensation for pain and suffering. The workers' compensation system operates as the exclusive remedy for most claims against subscribing employers.
Non-subscriber employers do not carry workers' compensation insurance. Under Texas Labor Code Section 406.033, non-subscribers lose certain common-law defenses in lawsuits brought by injured employees, including contributory negligence, assumption of risk, and the negligence of fellow employees.
Workers injured by non-subscriber employers may file personal injury lawsuits seeking damages that may include compensation for pain and suffering, which workers' compensation does not provide. However, injured workers must prove the non-subscriber employer's negligence caused their injuries.
Third-Party Liability in Construction Accidents
Construction sites involve multiple contractors, subcontractors, property owners, and equipment suppliers. Even when workers' compensation covers your employer, you may have claims against third parties whose negligence contributed to your injury. Potential third-party defendants in construction accident cases may include the following:
- General contractors who failed to maintain safe site conditions
- Subcontractors whose work created hazards
- Property owners who knew of dangerous conditions
- Equipment manufacturers whose defective products caused injuries
- Architects or engineers whose designs contributed to unsafe conditions
Pursuing claims against third parties may allow recovery for damages beyond what workers' compensation provides, as these claims are not subject to the same limitations.
Types of Construction Accident Injuries in El Paso
Construction accidents often cause serious injuries that require significant treatment and long recovery times. The physical demands of construction work mean that even injuries that might seem moderate in other contexts may significantly affect a worker's ability to perform their job. El Paso's construction injury attorneys at The NMW Law Firm handle cases involving various types of job site injuries.
Serious Construction Injuries
Severe construction accidents can result in permanent disabilities that significantly affect a worker’s life and create long-term medical and financial needs. Construction sites produce injuries including the following:
- Traumatic brain injuries from falls or struck-by accidents
- Spinal cord injuries that may result in paralysis
- Amputations from machinery accidents or crushing injuries
- Severe burns from explosions, electrical contact, or chemical exposure
- Multiple fractures requiring surgical repair and extended rehabilitation
Families facing these injuries often benefit from experienced El Paso construction accident lawyers who understand both the medical aspects and the long-term financial impact.
Orthopedic and Soft Tissue Injuries
Not all construction injuries involve catastrophic harm, but even seemingly moderate injuries may significantly affect a worker's ability to perform physical labor. Broken bones, torn ligaments, herniated discs, and repetitive stress injuries frequently sideline construction workers for extended periods. Some injuries may not fully heal, potentially forcing workers to change careers or accept reduced earning capacity.
Hear From Our Clients
Statute of Limitations for El Paso Construction Injury Claims
Texas law imposes strict time limits on personal injury claims. UnderSection 16.003 of the Texas Civil Practice and Remedies Code, injured workers generally have two years from the date of injury to file a lawsuit. Missing this deadline typically bars recovery through the courts regardless of how strong the evidence might be.
Workers' compensation claims have separate deadlines. Texas law requires injured workers to report workplace injuries to their employer within 30 days and file claims with the Texas Division of Workers' Compensation within one year. Failing to meet these deadlines may jeopardize benefits.
Claims against governmental entities, such as injuries occurring on City of El Paso projects or TxDOT construction zones, may require filing notice within much shorter timeframes. Some government claims require notice within specific periods that vary depending on the governmental entity involved.
Consulting with an El Paso construction accident lawyer promptly after your injury helps identify which deadlines apply to your situation.
Compensation Available in Texas Construction Accident Cases
Injured construction workers may recover various types of compensation depending on the legal avenue they pursue. Workers' compensation provides limited but no-fault benefits, while personal injury claims against non-subscribers or third parties allow broader recovery but require proof of negligence.
Economic Damages for Construction Injuries
Economic damages cover the measurable financial losses resulting from your injury. Construction workers often face substantial economic harm due to high medical costs and the physical nature of their work.
Recoverable economic damages in construction accident cases typically include the following:
- Medical expenses for emergency care, hospitalization, surgery, and rehabilitation
- Future medical costs for ongoing treatment and anticipated procedures
- Lost wages during the recovery period
- Diminished earning capacity if injuries prevent return to construction work
- Vocational rehabilitation expenses if career changes become necessary
Documenting these losses with medical records, employment records, and testimony from medical or vocational professionals strengthens a claim for economic damages.
Non-Economic Damages in Personal Injury Claims
Personal injury claims against non-subscriber employers or third parties may allow recovery for non-economic damages that workers' compensation does not cover. Pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life all fall within this category. Calculating appropriate amounts for non-economic damages requires careful analysis of how injuries have affected the worker's daily life.
FAQ for El Paso Construction Accident Lawyer
What if my employer does not have workers' compensation insurance?
Texas does not require private employers to carry workers’ compensation. If your employer opts out, you can bring a personal injury lawsuit against them. Under Texas Labor Code Section 406.033, non-subscribers cannot rely on defenses like contributory negligence or assumption of risk. You may seek damages such as pain and suffering that workers’ compensation would not cover, but you must show the employer’s negligence caused your injuries.
Who may be held liable for a construction accident besides my employer?
Construction sites involve multiple parties who may share responsibility for unsafe conditions. General contractors, subcontractors, property owners, equipment manufacturers, and design professionals may all face potential liability depending on the circumstances of your accident. A skilled El Paso construction accident lawyer investigates all potential sources of recovery.
How long do I have to file a construction accident claim in Texas?
Personal injury lawsuits generally must be filed within two years of the injury date under Texas law. Workers' compensation claims require reporting to your employer within 30 days and filing with the state within one year. Claims against government entities may have even shorter notice requirements.
What compensation might I recover after a construction accident?
Available compensation depends on whether you pursue workers' compensation or a personal injury claim. Workers' compensation covers medical expenses and partial lost wages on a no-fault basis. Personal injury claims against non-subscribers or third parties may also include pain and suffering, mental anguish, and full lost earning capacity, but require proof of negligence.
What are the most common causes of construction accidents?
OSHA identifies four hazards responsible for most construction deaths: falls, struck-by accidents, electrocutions, and caught-in or caught-between incidents. According to the Texas Department of Insurance, falls alone accounted for 37% of construction fatalities in 2021. Employers who fail to protect workers from these known hazards may face liability for resulting injuries.
Speak With an El Paso Construction Accident Lawyer Now
Every day, construction workers across El Paso trust that their employers and job site managers prioritize safety. When that trust is betrayed and workers suffer preventable injuries, Texas law provides paths to accountability and compensation. The NMW Law Firm stands ready to investigate your accident, identify potentially responsible parties, and fight for the recovery you may be owed.
With bilingual attorneys, experience in personal injury litigation, and a commitment to honest communication, the firm provides the advocacy many El Paso construction workers need. Call us today for your free consultation.
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