CONSTRUCTION ACCIDENTS IN TEXAS

The State of Construction Safety, Liability, and Workers’ Rights

A Comprehensive Research White Paper

Prepared by McKayLawTx.com

October 2025

EXECUTIVE SUMMARY

Texas stands as the nation’s premier construction powerhouse, leading the United States in both construction volume and new construction starts. This economic vitality, however, comes with a sobering cost: construction remains one of the most dangerous industries in the state, with Texas workers facing significantly elevated risks of serious injury and death. This comprehensive white paper examines the current state of construction accidents in Texas, analyzing injury statistics, economic costs, insurance claims, workers’ compensation data, third-party liability claims, and the legal pathways available to injured construction workers and their families.

Key Findings:

• Construction accounts for 20% of all workplace fatalities nationally, with 1,069 deaths occurring in 2024
• Texas leads the nation in fatal crane injuries and has the highest workplace fatality rate in the United States
• In Texas, a construction worker suffered fatal injuries on the job approximately every other workday in 2024
• Falls remain the leading cause of construction deaths, accounting for 37-39% of all construction fatalities
• Texas construction industry saw $289 billion in contracts since mid-2022, representing 16.5% of all U.S. nonresidential construction
• Texas is the only state where workers’ compensation insurance is not mandatory for private employers
• Third-party liability claims can result in significantly higher compensation than workers’ compensation alone
• The construction industry’s injury rate declined to 2.6 workers per 100 in 2023, but severity of injuries continues to increase

TEXAS CONSTRUCTION INDUSTRY OVERVIEW

Texas has emerged as the undisputed leader in U.S. construction activity, driving unprecedented growth across residential, commercial, industrial, and infrastructure sectors. This explosive growth presents both extraordinary economic opportunity and significant safety challenges.

Economic Impact and Construction Volume

Since mid-2022, Texas has been responsible for $289 billion in construction contracts—16.5% of total U.S. nonresidential and nonbuilding construction.

The Texas construction boom is fueled by multiple factors:

• Manufacturing Expansion: $44.8 billion in manufacturing construction since mid-2022
• Power and Communications: $51.2 billion in infrastructure investment
• Residential Construction: 136,374 single-family building permits in 2024 (behind only 2021-2022 peak years)
• Federal Investment: Infrastructure Investment and Jobs Act, CHIPS Act, and Inflation Reduction Act supercharging projects
• Energy Sector: LNG export facilities, petrochemical plants, and renewable energy projects
• Technology Boom: Data centers, semiconductor plants, and advanced manufacturing facilities

Major Metropolitan Markets

Texas’s construction activity is concentrated in its major metropolitan areas:

• Dallas-Fort Worth: Leading Texas with 5,313 high-value permits ($500K+) in 2024, experiencing significant Tarrant County spike
• Houston: Stable market with 1,816 high-value permits, driven by energy sector and port expansions
• Austin: 833 high-value permits, with sharp Q2 2025 increase indicating mid-year shift toward luxury construction
• San Antonio: 444 high-value permits, experiencing modest decline but steady higher-value construction

Construction Industry Employment

The construction boom has created unprecedented demand for skilled labor:

• Job Growth: Construction industry adding 2,800 jobs per month—four times the 2011-2019 average
• Labor Shortage: 5.0% of construction positions unfilled as of October 2023, well above pre-pandemic 3.9%
• Wage Increases: Construction wages rising 5-7% annually, with average hourly wage of $41 (21% above national average)
• Unemployment: Texas construction labor market remains tight at approximately 4.0% unemployment

CONSTRUCTION ACCIDENT STATISTICS IN TEXAS

Despite advances in safety technology and regulations, construction remains one of the most dangerous industries in Texas and the nation. The scale of construction activity in Texas directly correlates with elevated accident rates and worker fatalities.

National Construction Safety Context

One in five workplace deaths (20%) occur in construction, according to OSHA.

National construction safety statistics reveal the severity of the crisis:

• Annual Fatalities: 1,069 deaths in the private construction industry in 2024
• Non-Fatal Injuries: Over 77,780 construction injuries requiring medical treatment beyond first aid (2016 peak)
• Injury Rate: 2.6 workers per 100 full-time employees injured in 2023 (down from previous years but still significant)
• Days Away from Work: Construction leads with 6% of injuries resulting in workers missing multiple days
• Residential Construction: 10,000 injuries in 2023, the highest among construction subsectors

Texas-Specific Construction Accident Data

Texas has the highest workplace fatality rate in the United States, with construction workers particularly at risk.

Texas construction workers face elevated dangers:

• Fatality Frequency: A construction worker suffered fatal injuries on the job approximately every other workday in Texas
• Crane Accidents: Texas leads the nation in fatal crane-related injuries, with approximately 42 crane fatalities annually nationwide
• Work Zone Fatalities: From 2003-2020, Texas recorded the highest number of worker fatalities at road construction sites
• Injury Severity: While overall injury rates decline, the severity and complexity of construction injuries continues to increase

The ‘Fatal Four’: Leading Causes of Construction Deaths

OSHA identifies four hazards responsible for the majority of construction fatalities:

1. Falls (37-39.2% of Construction Deaths)

• Since 2013, construction has averaged over 300 fatal falls annually
• 20,000+ non-fatal fall injuries each year requiring days away from work
• 64.4% of fatal falls (260 deaths) occurred from heights between 6-30 feet
• Portable ladders and stairs caused 109 construction fatalities
• Construction accounts for 47.4% of all fatal falls, slips, and trips across all industries

2. Struck-By Accidents (8-17% of Construction Deaths)

• Approximately 75% result from heavy equipment or machinery
• Construction workers represent 1 in 4 workplace fatalities from being struck by vehicles
• Falling objects, swinging equipment, and rigging failures common causes
• Nearly half of construction workers killed in work zones were struck by vehicles or mobile equipment

3. Electrocution (8% of Construction Deaths)

• Exposed wiring and wet conditions near electrical outlets
• Contact with overhead power lines
• Energized conductors in electrical panels
• Poorly maintained extension cords and equipment

4. Caught-In/Between Accidents (2-5% of Construction Deaths)

• Trench collapses and cave-ins
• Crushing injuries from equipment and machinery
• Scaffold collapses
• Body parts caught in moving equipment

Other Common Construction Accidents

Beyond the Fatal Four, Texas construction workers face numerous other hazards:

• Motor Vehicle Accidents: Leading cause of injuries including careless motorists in work zones and operation of construction equipment
• Burns: Contact with hot machinery, electrical wiring, and chemicals
• Tool and Equipment Accidents: Jackhammers, power saws, and heavy machinery injuries from inadequate training
• Chemical Exposure: Solvents, adhesives, lead, asbestos, and silica dust causing lung cancer and mesothelioma
• Lift Accidents: Cherry pickers and scissor lifts causing crush injuries and fractures

ECONOMIC COSTS OF CONSTRUCTION ACCIDENTS

Construction accidents impose staggering financial burdens on injured workers, employers, insurance systems, and taxpayers. Understanding these costs is essential for appreciating the full impact of construction safety failures and the importance of prevention.

Direct Medical Costs

Medical treatment for construction injuries represents the most immediate and visible cost:

• Emergency Care: Nearly 1,000 people per day require emergency treatment for construction-related injuries
• Hospitalization: Average hospital stay costs $18,200—approximately 50% higher than other workplace injuries
• Average Stay Duration: 4.2 days for severe construction injuries
• Reconstructive Surgery: 27,000-28,000 people annually undergo reconstructive surgery following construction accidents
• Rehabilitation: Long-term physical therapy, occupational therapy, and specialized medical care

Indirect Economic Impacts

Beyond direct medical costs, construction accidents generate substantial indirect economic losses:

• Lost Productivity: Injured workers unable to contribute to projects, causing delays and reduced output
• Project Delays: Accident investigations, site closures, and regulatory compliance can halt construction
• Equipment Damage: Accidents often result in damaged or destroyed machinery and materials
• Administrative Costs: Investigation, documentation, legal proceedings, and regulatory response
• Replacement Workers: Hiring, training, and reduced efficiency of replacement workers

Value of Statistical Life

The U.S. Department of Transportation values a statistical life at $13.7 million (2024 base year).

When construction fatalities occur, the economic impact includes:

• Lost lifetime earnings and economic contribution
• Impact on family members who lose financial support
• Societal costs of premature death
• Healthcare system burden for end-of-life care

With over 1,069 construction deaths annually, the aggregate economic loss exceeds $14.6 billion per year in lost statistical life value alone—not including medical costs, disability, or other economic impacts.

TEXAS WORKERS’ COMPENSATION SYSTEM

Texas operates a unique workers’ compensation system that fundamentally differs from every other state in the nation. Understanding this system is critical for construction workers and their employers, as it directly impacts the rights and remedies available following workplace injuries.

The Texas Workers’ Compensation Opt-Out System

Texas is the ONLY state where workers’ compensation insurance is not mandatory for private employers.

This unique characteristic of Texas law creates two distinct categories of employers:

Subscribers (Employers With Workers’ Comp)

• Provide no-fault coverage for workplace injuries
• Protected from most employee lawsuits under exclusive remedy doctrine
• Employees receive benefits regardless of fault
• Benefits limited to statutory amounts

Non-Subscribers (Employers Without Workers’ Comp)

• Can be sued directly by injured employees
• Injured workers need only prove employer/co-worker was 1% at fault
• No statutory limits on damages
• Higher risk for employers, potentially greater recovery for employees

Workers’ Compensation Benefits in Texas

For construction workers whose employers subscribe to workers’ compensation, the following benefits are available:

Medical Benefits

• All necessary medical treatment recommended or approved by treating physician
• No dollar limit on medical care
• Includes emergency treatment, surgery, prescriptions, physical therapy, and rehabilitation
• As of January 2025, non-network reimbursements increased 3.5% (217% of Medicare rates for professional services, 272% for facility-based surgeries)
• 26 certified health care networks operate in Texas, covering all 254 counties

Income Benefits

Temporary Income Benefits (TIBs):

• Replace lost wages while unable to work
• Maximum: $1,219 per week (October 2024 – September 2025)
• Minimum: $183 per week
• Benefits begin after first week of missed work (unless ultimately miss 2+ weeks)
• Duration: Up to 104 weeks (can be extended for spinal surgery within 12 weeks of deadline)

Impairment Income Benefits (IIBs):

• Paid for permanent impairment resulting from injury
• Based on percentage of permanent impairment assigned by doctor
• Duration: 3 weeks for each 1% of impairment

Supplemental Income Benefits (SIBs):

• Available for workers with impairment rating of 15% or higher
• Must demonstrate good faith effort to find work
• Can extend for multiple quarters if eligibility requirements met

Death Benefits

• Burial expenses up to statutory maximum
• Income benefits to surviving spouse and dependents
• Weekly benefits continue for life of surviving spouse or until remarriage
• Benefits for dependent children until age 18 (or 25 if enrolled in accredited educational institution)

Workers’ Compensation Costs and Claims Data

Recent Texas workers’ compensation system statistics reveal important trends:

Premium and Loss Cost Trends

• Loss Cost Reduction: July 2025 statewide average loss cost decreased 11.5%
• Premium Decline: Net written premium statewide dropped nearly 3% in 2024
• Combined Ratio: 2024 combined ratio was 86%, indicating highly profitable market for insurers
• Rate Per $100 Payroll: Texas averaged $0.46 per $100 payroll in 2020 (compared to California’s $1.45)

Construction-Specific Rates

Construction workers’ compensation rates vary significantly by classification code:

• Roofing (Code 5551): Loss cost of $2.27 per $100 payroll—among highest construction classifications
• Commercial Construction: Average hourly wage $41, with corresponding premium calculations
• Electrical Work: Higher rates due to electrocution risks
• Experience Modification: Claims history can adjust premiums up or down significantly

Injury Incidence Rates

• Overall Texas Rate: 1.9 per 100 full-time workers in 2024 (all-time low since 2012)
• Construction Rate: 2.6 per 100 full-time workers (2023)—significantly higher than state average
• Most Affected Sectors: Agriculture, construction, manufacturing, and transportation

THIRD-PARTY LIABILITY CLAIMS: BEYOND WORKERS’ COMPENSATION

One of the most critical—yet often misunderstood—aspects of construction accident law in Texas is the availability of third-party liability claims. These claims can provide significantly greater compensation than workers’ compensation alone and represent a crucial pathway to justice for severely injured construction workers and their families.

Understanding Third-Party Liability

Third-party lawsuits can result in substantially higher compensation than workers’ compensation statutory limits allow.

A third-party claim refers to a legal action against someone other than the injured worker’s direct employer. In construction settings, multiple parties beyond the employer may bear responsibility for workplace safety:

Potential Third-Party Defendants

1. General Contractors: When they retain control over job site safety despite hiring subcontractors
2. Subcontractors: Other subcontractors whose negligence creates unsafe conditions
3. Property Owners: Under premises liability when dangerous property conditions cause injury
4. Equipment Manufacturers: For defective machinery, tools, or safety equipment
5. Architects and Engineers: For design defects that create inherent dangers
6. Material Suppliers: For defective or dangerous building materials
7. Site Managers: When they have control over safety conditions
8. Vehicle Operators: Motorists who cause work zone accidents

Key Advantages of Third-Party Claims

Third-party lawsuits offer several critical advantages over workers’ compensation:

1. No Damage Caps

• Workers’ compensation benefits limited by statutory maximum ($1,219/week for income benefits)
• Third-party claims have no statutory limits—juries can award what they deem appropriate
• Particularly important for catastrophic injuries requiring lifetime care

2. Full Range of Damages Available

Third-party lawsuits allow recovery for:

• Pain and Suffering: Physical pain and emotional distress (not available in workers’ comp)
• Loss of Enjoyment of Life: Inability to participate in activities and hobbies
• Emotional Distress: Mental anguish, anxiety, depression, PTSD
• Full Lost Earning Capacity: Complete compensation for reduced lifetime earnings (not capped like workers’ comp)
• Loss of Consortium: Spouse’s claim for loss of companionship and support
• Punitive Damages: In cases of gross negligence or intentional misconduct

3. Accountability for Negligent Parties

• Holds all responsible parties accountable, not just employer
• Incentivizes safer practices across entire construction industry
• Provides public record of dangerous conduct

Combining Workers’ Compensation and Third-Party Claims

IMPORTANT: You can file BOTH a workers’ compensation claim AND a third-party lawsuit.

Texas law allows injured construction workers to pursue both remedies simultaneously:

• Workers’ compensation provides immediate medical care and income replacement
• Third-party lawsuit seeks additional compensation from other negligent parties
• Can file third-party suit even after accepting workers’ comp settlement
• Workers’ comp carrier may have lien for reimbursement from third-party recovery
• Skilled attorneys can often negotiate to reduce or credit attorney fees when collecting reimbursement

Proving Third-Party Liability

Unlike workers’ compensation (which is no-fault), third-party claims require proving negligence through four elements:

1. Duty of Care: The defendant owed a legal duty to protect you or prevent the accident through reasonable care
2. Breach of Duty: The defendant violated that duty through action or inaction
3. Causation: The breach directly caused your injuries
4. Damages: You suffered actual, compensable losses

Common Third-Party Scenarios

Defective Equipment

Equipment manufacturers can be held liable when:

• Machinery has design defects
• Manufacturing defects cause malfunction
• Inadequate warnings or safety instructions
• Failure to include necessary safety features

Example Cases:

• Trench excavation bucket detaching and killing worker—manufacturer, general contractor, and subcontractor all held liable
• Defective scissor lift collapsing—product liability claim against manufacturer
• Crane boom failure due to improper maintenance—equipment owner liability

General Contractor Retained Control

General contractors liable when they:

• Retain control over job site safety despite subcontracting work
• Create or contribute to dangerous conditions
• Fail to enforce safety requirements in subcontractor agreements
• Negligently select or supervise subcontractors

Premises Liability

Property owners responsible for:

• Concealed hazards on property (hidden skylights, unstable structures)
• Failure to warn of known dangers
• Inadequate property maintenance creating risks
• Unsafe site conditions they controlled

Notable Settlement:

• Worker fell through concealed skylight, suffering traumatic brain injury—$5.5 million settlement despite disputed liability

Subcontractor Negligence

Other subcontractors may be liable when:

• Their work creates unsafe conditions for other workers
• They fail to secure work areas properly
• Leave exposed hazards (rebar, electrical wiring, excavations)
• Violate safety protocols affecting other trades

Example:

• Worker fell on exposed rebar left by different subcontractor, suffering permanent eye injury—general contractor held liable

Settlement Values and Verdicts

Third-party construction accident settlements and verdicts in Texas can be substantial:

Recent Notable Cases

• Traumatic Brain Injury from Fall: $5.5 million settlement
• Seattle Crane Collapse: $150 million jury award for survivors
• Permanent Eye Injury: Maximum insurance policy payout
• Scaffold Fall with Serious Injuries: Significant settlement (specific amount confidential)
• Improperly Installed Attic Steps: Large settlement from general contractor and subcontractor

Factors Affecting Settlement Value

• Severity and permanence of injuries
• Degree of defendant’s negligence or recklessness
• Available insurance coverage
• Lost earning capacity and future medical needs
• Quality of legal representation and case preparation
• Venue and potential jury pool attitudes

6. NON-SUBSCRIBER CASES: SUING YOUR EMPLOYER

Because Texas uniquely allows employers to opt out of workers’ compensation, injured construction workers may have the right to sue their employer directly—a ‘non-subscriber case’ that can result in substantially greater compensation than workers’ compensation benefits.

What Is a Non-Subscriber Case?

In non-subscriber cases, injured workers need only prove the employer or co-worker was 1% at fault to recover full damages.

A non-subscriber case occurs when an employer does not carry workers’ compensation insurance. In this situation:

• The employer loses the exclusive remedy protection that workers’ comp provides
• The injured worker can file a personal injury lawsuit directly against the employer
• The burden of proof is significantly lower than in typical negligence cases
• There are no statutory caps on damages
• Full compensatory damages available, including pain and suffering

Advantages of Non-Subscriber Cases

Lower Burden of Proof

Under Texas Labor Code § 406.033:

• Worker does NOT need to prove employer was ‘negligent’ in traditional sense
• Only need to show employer or co-worker was 1% responsible
• This is far easier to prove than traditional negligence
• Employer cannot use typical defenses like assumption of risk or contributory negligence

Full Compensatory Damages

Unlike workers’ comp statutory limits, non-subscriber cases allow:

• Complete wage replacement (not capped at $1,219/week)
• Full lifetime lost earning capacity
• Pain and suffering damages
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Disfigurement and physical impairment
• Loss of consortium for spouse

How to Determine If Your Employer Is a Non-Subscriber

Texas provides resources to verify workers’ compensation coverage:

• Online Verification Tool: Texas Department of Insurance provides free search by business name or FEIN
• Certificate of Coverage: Should be posted at job sites if employer has coverage
• Direct Inquiry: Workers can ask employer or HR department
• Attorney Investigation: Personal injury attorneys can quickly verify coverage status

Statute of Limitations

CRITICAL: You have only TWO YEARS from the date of injury to file a non-subscriber lawsuit (Texas Civil Practice and Remedies Code § 16.003).

This deadline is absolute:

• Missing the deadline typically results in permanent loss of right to sue
• Very limited exceptions to the two-year rule
• Evidence deteriorates and witnesses become unavailable over time
• Early consultation with attorney essential to preserve rights

WRONGFUL DEATH CLAIMS IN CONSTRUCTION ACCIDENTS

When construction accidents result in a worker’s death, Texas law provides specific remedies for surviving family members. Understanding these rights is crucial for families devastated by the loss of a loved one to a preventable workplace tragedy.

Who Can File a Wrongful Death Claim?

Texas law specifies who has standing to bring wrongful death claims:

• Surviving Spouse: Has independent right to file claim
• Children: Have independent right to file claim
• Parents: Can file if deceased worker had no spouse or children
• Personal Representative: Can file on behalf of estate if family members do not file within 3 months

Recoverable Damages in Wrongful Death Cases

Economic Damages

• Lost Financial Support: Present value of income deceased would have provided to family
• Lost Benefits: Health insurance, retirement contributions, other employment benefits
• Lost Household Services: Value of services deceased provided (childcare, home maintenance, etc.)
• Funeral and Burial Expenses: Reasonable costs of final arrangements
• Medical Bills: Pre-death medical expenses if not covered elsewhere

Non-Economic Damages

• Loss of Companionship: Lost relationship with spouse or life partner
• Loss of Consortium: Loss of marital relationship
• Loss of Parental Guidance: Children’s loss of guidance, care, and support
• Mental Anguish: Emotional suffering of surviving family
• Loss of Society: Lost presence and relationship

Workers’ Compensation Death Benefits vs. Wrongful Death Claims

Families can pursue both workers’ compensation death benefits AND third-party wrongful death claims:

Workers’ Compensation Death Benefits

• Burial expenses (up to statutory maximum)
• Weekly income benefits to surviving spouse (for life or until remarriage)
• Benefits for dependent children until age 18 (or 25 if in school)
• Limited to statutory amounts
• No compensation for pain and suffering or loss of companionship

Third-Party Wrongful Death Claims

• No statutory caps on damages
• Include pain and suffering and loss of companionship
• Can target all responsible parties (general contractors, subcontractors, equipment manufacturers, property owners)
• Potential for significantly higher recovery
• Hold negligent parties fully accountable

Survival Actions

In addition to wrongful death claims, Texas law allows ‘survival actions’ for damages the deceased personally suffered before death:

• Pain and suffering experienced before death
• Medical expenses incurred before death
• Lost wages between injury and death
• Property damage

These damages belong to the deceased’s estate and are recovered through the personal representative, then distributed to heirs according to the will or Texas intestacy laws.

CONCLUSION AND RECOMMENDATIONS

Texas’s construction boom brings extraordinary economic opportunity alongside significant human cost. With over 1,069 construction fatalities nationally and Texas leading the nation in workplace death rates, the construction industry must prioritize worker safety while injured workers and their families must understand their legal rights and options.

Key Takeaways for Injured Construction Workers

1. You Have Options Beyond Workers’ Comp: Third-party liability claims and non-subscriber cases can provide substantially greater compensation
2. Time Is Critical: Two-year statute of limitations is absolute—early legal consultation essential
3. Multiple Parties May Be Liable: General contractors, subcontractors, equipment manufacturers, and property owners can all be held accountable
4. You Can Pursue Multiple Claims: Workers’ comp and third-party claims can be filed simultaneously
5. Non-Subscriber Cases Offer Lower Burden of Proof: Only need to prove 1% fault by employer/co-worker

Why McKay Law?

At McKay Law, we have dedicated ourselves to understanding every aspect of Texas construction accident law. Our commitment to research, client service, and aggressive advocacy has helped injured construction workers and their families recover the compensation they deserve.

We understand that construction accidents devastate lives. Workers face catastrophic injuries, mounting medical bills, lost wages, and uncertain futures. Families grieving the loss of loved ones struggle with emotional trauma and financial insecurity. Our mission is to hold negligent parties accountable and secure maximum compensation for our clients.

If you or a loved one has been injured in a construction accident, time is critical. Contact McKay Law today for a free consultation.

We work on a contingency fee basis—no recovery, no fee—and we’re ready to fight for your rights.

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DISCLAIMER

This white paper is provided for informational purposes only and does not constitute legal advice. Every construction accident case is unique and requires individual evaluation. For specific legal guidance regarding a construction accident, consult with a qualified personal injury attorney. The information in this white paper is accurate as of October 2025 and is subject to change as laws and regulations evolve.

Attorney Advertising. Prior results do not guarantee a similar outcome. This document is distributed for marketing purposes.

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