A San Antonio construction accident lawyer helps injured workers pursue claims against employers who opted out of workers' compensation, negligent third parties on the job site, and equipment manufacturers whose products caused harm. NMW Law Firm represents construction workers injured across Bexar County job sites.
Most construction workers who get hurt on the job do not know who to hold accountable, and that confusion is not their fault.
A typical San Antonio job site involves a general contractor, multiple subcontractors, equipment rental companies, property owners, and sometimes government agencies. Each one may bear a different level of responsibility for your safety.
Texas makes this even more complicated because private employers may legally opt out of workers' compensation coverage entirely.
A construction injury attorney in San Antonio identifies which parties owe you a duty and which legal path gives your claim the strongest foundation. Call NMW Law Firm at (210) 265-6565 to start that analysis at no cost.
How NMW Law Firm Handles Multi-Party Construction Claims
Construction injury cases rarely involve just one defendant. We regularly handle claims where three or four parties share liability for a single job site accident, and each one hires its own defense counsel.
That dynamic requires a firm that prepares for litigation from the first phone call, not one that plans to settle quickly and move on.
Why Construction Cases Demand a Different Approach
Our team has recovered over $200M in settlements and resolved more than 3,000 cases with 70+ years of combined experience. Past results do not guarantee a similar outcome. What that track record does reflect is a pattern of taking on well-funded defendants and building cases that hold up under pressure.
Managing Partner Nick Wills approaches construction injury claims the way he approached competitive athletics: study the opposition, prepare for every scenario, and stay calm when the stakes rise.
In multi-defendant job site cases, that discipline shows up in how we organize evidence across parties and coordinate with safety consultants and medical providers.
No Upfront Cost to You
We take construction accident cases on contingency. You pay no attorney fees unless we recover compensation on your behalf.
Ask about how litigation expenses and case costs are handled during your initial call to our San Antonio office.
What Happens If Your Employer Opted Out of Workers' Comp in Texas?
If your employer opted out of workers' compensation coverage, Texas law classifies them as a non-subscriber. That status removes the legal protections that normally shield employers from personal injury lawsuits filed by their own employees.
When a Texas employer carries workers' comp, injured workers generally receive benefits through that system and give up the right to sue their employer directly. Non-subscriber employers lose that protection.
Under Texas Labor Code §406.033, an injured employee of a non-subscribing employer may file a negligence lawsuit directly against the employer.
Non-Subscribers Lose Key Legal Defenses
Non-subscriber employers lose several defenses that other employers may use.
They generally cannot argue that the worker accepted the risks of the job, that a coworker caused the injury, or that the worker’s own negligence should reduce the claim. However, the employer may still argue that its negligence did not cause the accident.
Signs that your construction employer may be a non-subscriber include:
- No mention of workers' compensation coverage during onboarding or hiring
- An occupational injury benefit plan offered through a private insurance carrier instead of the state system
- Coworkers who previously got hurt and were told to file through a company benefit plan rather than workers' comp
- No workers' compensation notice posted at the job site as required by Texas Department of Insurance (TDI) rules
Knowing your employer's coverage status before an injury occurs gives you a clearer picture of your legal options. After an injury, your attorney verifies that status through TDI records and employer filings.
Can You Sue a Third Party After a Construction Accident in San Antonio?
Yes, even when your employer carries workers' compensation, you may be able to file a separate personal injury claim against a negligent third party on the job site.
Third-party construction accident claims exist outside the workers' comp system and may allow you to recover damages that workers' comp does not cover, including pain and suffering.
Identifying Liable Third Parties on a San Antonio Job Site
San Antonio's construction corridor along I-35 and the expanding developments on the far north and west sides of the city involve large-scale projects with dozens of companies working simultaneously. On any given site, potential third-party defendants may include:
- General contractors who failed to maintain safe site conditions or enforce safety protocols
- Subcontractors whose negligence created a hazard for workers employed by other companies
- Equipment manufacturers who produced defective tools, scaffolding, or machinery
- Property owners who knew about unsafe conditions on the land and failed to address them
- Architects or engineers whose design errors contributed to a structural collapse or site hazard
Third-party claims allow construction workers to pursue full personal injury damages rather than the limited benefits available through workers' comp. Identifying every liable party early in the process often determines the total compensation a claim may recover.
Hear From Our Clients
What Compensation May a San Antonio Construction Injury Claim Recover?
The compensation available after a construction accident in San Antonio depends on whether the claim proceeds through workers' comp, a non-subscriber lawsuit, or a third-party personal injury claim. Each path offers different categories of recovery.
| Claim Type | Available Damages | Key Limitation |
| Workers' comp benefits | Medical treatment, partial wage replacement, death benefits | No pain and suffering; no full wage recovery |
| Non-subscriber lawsuit | Medical costs, full lost wages, pain and suffering, mental anguish, disfigurement | Must prove employer negligence |
| Third-party injury claim | Medical costs, full lost wages, pain and suffering, mental anguish, loss of earning capacity | Must prove third party's negligence or product defect |
How OSHA Violations Factor Into a Construction Injury Claim
The Occupational Safety and Health Administration (OSHA) sets federal safety standards for construction job sites under 29 CFR 1926.
An OSHA citation issued to your employer or a contractor on the job site does not automatically prove negligence in a civil case.
However, it may serve as strong supporting evidence that safety standards were not met. OSHA violations frequently documented on San Antonio construction sites include:
- Fall protection failures on scaffolding, rooftops, and elevated platforms
- Inadequate trenching and excavation safeguards
- Missing or defective personal protective equipment
- Electrical hazards from improper wiring or ungrounded equipment
- Failure to communicate known hazards to workers on site
An OSHA citation tied to the conditions that caused your injury strengthens the negligence argument in both non-subscriber and third-party claims.
Your attorney obtains those records through OSHA's public filing system and incorporates them into the evidence supporting your case.
How Long Do You Have to File a Construction Injury Claim in Texas?
Texas applies a two-year statute of limitations to most personal injury claims, including construction accident lawsuits, under Texas Civil Practice and Remedies Code §16.003. The deadline runs from the date of injury in most cases.
Workers' Comp Deadlines Run Even Shorter
If your employer carries workers' compensation, you must report the injury to your employer within 30 days and file a claim with TDI within one year. Missing those deadlines may result in lost benefits.
For non-subscriber and third-party claims, the two-year civil statute applies, but evidence on active construction sites disappears fast as projects move forward and conditions change.
FAQs for San Antonio Construction Accident Lawyers
How much does a construction accident lawyer in San Antonio cost?
Most construction injury attorneys in San Antonio, including NMW Law Firm, work on contingency.
You pay no attorney fees unless your case produces a settlement or court award. Ask specifically about how case expenses and litigation costs are handled, as fee structures vary between firms.
What should I do after a construction accident in San Antonio?
Get medical attention as soon as possible, report the injury to your employer or site supervisor, and document the accident scene if you can do so safely.
Take photographs, identify witnesses, keep copies of medical records and incident reports, and avoid signing releases or giving recorded statements to an insurance company before speaking with an attorney.
Because construction sites change quickly, preserving evidence early may be important when determining whether an employer, general contractor, subcontractor, property owner, or equipment manufacturer is legally responsible.
I got hurt on a job site but I am not sure if my employer has workers' comp. How do I find out?
You may check your employer's workers' compensation coverage status through the Texas Department of Insurance employer lookup tool.
If your employer is a non-subscriber, you may have the right to file a personal injury lawsuit directly against them rather than going through the workers' comp system. Your attorney verifies this during the initial case review.
I was a subcontractor's employee and got hurt because of the general contractor's negligence. Who do I sue?
You may have a claim against the general contractor if it had a duty to keep the site safe and its negligence helped cause the accident.
However, some general contractors may be protected from lawsuits if they provided workers' compensation coverage for the subcontractor's employees.
An attorney can review the contracts, insurance coverage, and worksite facts to determine whether you may file a claim.
Can I file a construction injury claim if I am an undocumented worker in Texas?
Yes, immigration status does not prevent you from filing a personal injury claim in Texas. Texas courts have recognized that undocumented workers retain the right to sue for injuries caused by negligence on a job site.
An employer's attempt to use immigration status against you in a claim does not eliminate your legal rights under Texas law.
What if I signed a waiver before starting work on the construction site?
A pre-injury waiver signed before a construction job does not automatically bar your claim.
Texas courts evaluate these waivers based on specific legal requirements, and many construction liability waivers fail to meet those standards.
Your attorney reviews the language of any document you signed to determine whether it affects your right to pursue a claim.
Identify Who Owes You: Talk to a San Antonio Construction Accident Lawyer
A construction job site injury puts your income, your health, and your family's stability at risk all at once. Every day that passes without identifying the liable parties gives those parties more time to prepare their defense and more opportunity for site conditions to change.
NMW Law Firm's construction injury attorneys work from our San Antonio office at Travis Park Plaza, 711 Navarro St Suite 300-130.
Call (210) 265-6565 to walk through the facts of your job site accident and find out which parties may owe you compensation. The call and the case review cost you nothing.