Houston Construction Accident Lawyers

A $44 Million Houston Crane Accident Verdict

In 2015, we represented a site superintendent who lost his leg in a crane accident. Berkel & Company had been hired to drill auger-cast pilings at a site off Memorial Drive in Houston, operating a crane owned by Maxim Crane Works. At one point, the auger got stuck during deep foundation drilling. A Berkel superintendent told the crane operator to continue drilling to unstick the auger.

After five failed attempts, he ordered the crane operator to try again.

That’s when the crane collapsed.

Our client was standing behind a safety fence 100 feet away when a piece of crane equipment struck him and pinned him to the ground. Another crane lifted the equipment off him, but it was too late: doctors had to amputate his leg above the knee. At trial, our Houston construction accident attorneys argued that both Berkel and Maxim were at fault: Berkel for violating safety practices, and Maxim for failing to inspect its crane.

The jury agreed and awarded our client a $44 million verdict covering his medical expenses, loss of earning ability, physical impairment and pain, and mental anguish. His verdict included $8.5 million in punitive damages. Past results do not guarantee a similar outcome.

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The Scale of Construction Danger in Texas

Texas has a construction workforce exceeding one million workers and a fatality rate higher than any other state. Population and business growth have driven sustained demand for new residential and commercial projects, and that demand has driven up serious injuries and deaths along with it. A report from the Workers Defense Project makes clear how under-protected many of those workers are.

A report released by the Workers Defense Project revealed just how dangerous construction work really is. Below are some alarming facts contained within the report:

• 1 in 5 construction workers reported suffering an on-the-job injury.
• Over 60% of construction workers don’t receive adequate safety training.
• There is only 1 OSHA investigator for every 103,899 construction workers.
• The Texas construction industry has a higher fatality rate than any other state.

Common Hazards at Houston Construction Sites

Construction sites are inherently dangerous, and when employers, site operators, or contractors fail to maintain proper safety standards, workers pay the price. Many construction accidents are entirely preventable when companies prioritize worker safety over profits and production schedules.

Examples of issues that can cause construction accidents include:

• Improper site design or inspection
• Improperly stored materials
• Unmarked hazards (ex: unprotected holes)
• Using old or defective working materials
• Safety code violations

Unmarked hazards can result in falls to a lower level from trenches, holes in roofing, or manholes. OSHA classifies these as “falls through existing holes or structures” and they cause 82 deaths and thousands of injuries annually. These accidents happen when site supervisors and property owners fail to properly secure work areas and warn workers.

Accidents also occur when employers skip adequate safety training or rush workers through jobs without proper instruction. Comprehensive training and regular safety meetings are required by law. When companies cut these measures to save time or money, they may be held liable for what follows.

The “Fatal Four” Construction Accidents

Through data compiled by the Bureau of Labor Statistics, particularly the Census of Fatal Occupational Injuries, researchers have identified the four causes responsible for the majority of construction fatalities every year. OSHA calls them the “Fatal Four.” The overwhelming majority of deaths by falling occur due to the failure of structure or equipment, commonly faulty scaffolding.

The Fatal Four include the following:

What is tragic is that these hazards are preventable. OSHA estimates that eliminating the Fatal Four would save more than 500 lives annually.

Employers can prevent Fatal Four deaths through the following precautions:

• Using proper fall-prevention equipment when workers are required to be elevated.
• Training workers on basic safety measures, such as avoiding walking under heavy objects.
• Providing workers with safety gear such as hard hats, toe guards, and eye protection.
• Instructing workers to check electrical wiring daily to ensure it hasn’t been damaged.
• Posting signs to warn workers of hazardous areas on the site.

Fatal Four accidents don’t happen by chance. They’re the result of companies putting deadlines and profits ahead of worker safety. When management pressures crews to move faster, workers feel they have no choice but to skip safety steps or take dangerous shortcuts just to keep their jobs. Building a genuine safety culture requires more than posting OSHA signs. It takes leadership that actually listens when workers raise concerns and backs up safety policies with action.

We hold contractors and manufacturers accountable when their failures lead to preventable injuries and deaths on construction sites.

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Scaffolding Accidents in Houston, Texas

Construction workers regularly perform work on scaffolding. Unfortunately, scaffolds are often erected incorrectly, leaving them unsteady and prone to collapse. Scaffolding accidents cause 4,500 injuries annually. In some of the most recent statistics from the Bureau of Labor Statistics, more than 50 fatalities were attributed to scaffolding in a single year. More than 70% of those injured in a scaffold accident said the incident was due to planking or support giving way, or to slipping or being struck by a falling object.

Other steps for making scaffolding safer include the following:

• Only erect, move, or dismantle scaffolding under a competent person’s supervision.
• Properly equip the scaffold with guardrails, midrails, and toeboards.
• Immediately repair or replace damaged or weakened scaffold accessories.
• Instruct all employees about the hazards of using diagonal braces as fall protection.

An overlooked factor in scaffolding accidents is the quality and upkeep of the materials used to build them. Materials should be regularly inspected and replaced to maintain structural integrity. Third-party safety auditors can provide unbiased assessments and identify potential flaws that workers might miss. Rigorous checks on scaffold erection and maintenance can substantially reduce the risk of collapse.

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Falling from a Height in Houston, Texas

Falls are the leading cause of construction fatalities. In 2014, OSHA reported 660 deaths from falls from heights. Construction workers routinely perform work on roofs, scaffolding, and ladders far above the ground. When they aren’t provided adequate fall protection, the results can be catastrophic.

Common fall-prevention methods include:

Falls from heights cause life-altering injuries including spinal cord damage, traumatic brain injuries, and permanent disabilities. Survivors may struggle with PTSD, fear of returning to work, and chronic pain that affects every aspect of their lives. Workers who’ve experienced serious falls deserve comprehensive care, including mental health counseling and rehabilitation, not just emergency treatment. When employers fail to provide proper fall protection, they may be responsible for the physical and psychological consequences.

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Ladder & Stairway Construction Accidents in Houston, Texas

According to OSHA, more than 24,000 injuries and 35 fatalities occur every year from ladder or stairway falls on construction sites. More than 50% require time off work. Most commonly, ladder accidents occur because the wrong ladder was used for the job, the ladder was in poor condition, or it was misused due to a lack of training.

The U.S. Bureau of Labor Statistics conducted a study of 1,400 ladder accidents, which found:

• 73% of victims had not been given clear instructions on safe use.
• 66% of victims had not been trained to inspect ladders for defects.
• 61% of victims used a ladder that had not been secured at the top.
• 57% of victims held objects while climbing or descending.
• 53% of victims used a ladder that had not been secured at the bottom.
• 30% of victims had shoes that were wet, greasy, or oily.

Stairways can also cause serious accidents when workers slip, trip, and fall. Stairways should be kept free of debris and dangerous objects at all times and should have at least one handrail.

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Construction Trench Accidents in Houston, Texas

According to BLS data, 13 workers died from trench or excavation collapses in 2014. Events where workers were caught under collapsing structures caused 74 deaths that year total. Researchers at the National Institute for Occupational Safety & Health (NIOSH) found an average of 50+ fatalities every year from trench-related accidents, with 68% occurring at companies with fewer than 50 workers.

OSHA requirements for construction trenching include:

• Never allowing a worker to enter an unprotected trench.
• Always using a protective system for trenches at least one foot deep.
• Requiring a registered professional engineer to design trenches deeper than 20 feet.
• Using protective systems such as sloping, shoring, and shielding.
• Providing exits no more than 25 feet apart within the trench.

Weather is an often-overlooked factor in trench safety. Rain, erosion, and temperature fluctuations can all compromise trench stability. Continuous assessment and reinforcement are necessary, particularly before and after adverse weather.

Trench work carries inherent risks, but the right practices, equipment, and procedures can minimize or eliminate them. We know how to identify violations of the safety standards that cause trench collapses, and we use that knowledge to help our clients pursue the compensation they need.

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Defective & Dangerous Construction Equipment in Houston, Texas

From cranes to forklifts, construction workers depend on heavy equipment every day. When that equipment isn’t properly maintained, inspected, or operated, the consequences can be severe. Our construction accident lawyers in Houston have handled numerous cases where a client’s life was altered because an operator was poorly trained. Crane accidents occur when a boom contacts a power line or a crane’s swing strikes a worker. Forklifts carry their own serious risks: OSHA reports that more than 95,000 construction workers suffer a forklift injury every year.

Key forklift safety standards include:

• All operators must be adequately trained and certified.
• No one under 18 may operate a forklift.
• No modifications should be made without written approval from the manufacturer.
• All forklifts should be examined for defects on a regular basis.
• Forklifts should not exceed 5 mph in congested or slippery conditions.
• Forklifts must be operated safely, with no horseplay or stunts.
• Loads should be elevated appropriately off the ground during operation.

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Harmful Chemicals & Toxic Exposure in Houston, Texas

Construction workers are regularly asked to work with chemicals that pose serious health risks, including irritation, flammability, and corrosion. OSHA’s Hazard Communication Standard exists to ensure workers have access to accurate information about those dangers. When these standards aren’t followed, workers can unknowingly handle harmful substances, leading to burns and large-scale accidents.

To reduce injuries from failures in hazard communication, OSHA requires:

• An easily accessible Material Safety Data Sheet (MSDS) for each chemical on site.
• Employee training on how to read and use the MSDS.
• Training on the risks of all chemicals in use.
• Spill clean-up kits wherever chemicals are stored.
• Employee training on spill clean-up procedures.

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Accidents in Highway Construction Zones in Houston, Texas

When roads need to be constructed, repaired, or maintained, work zones are set up along streets and highways. These zones are necessary, but they pose serious hazards for workers and drivers alike. Of all roadside work zone fatalities, 45% result from a pedestrian worker being struck by a vehicle. In 2010, the DOT documented 514 vehicle crashes in roadside construction zones, resulting in 576 deaths. That’s one fatality every 15 hours.

The National Safety Council notes that most work zone fatalities occur on roads with speed limits of 55 mph or more. While nearly all states impose heightened penalties for traffic violations in work zones, preventable accidents still occur. OSHA has established guidelines for all work zones with traffic, requiring controls identified by signs, cones, barriers, or barrels to guide both traffic and workers safely.

OSHA recognizes a variety of work zone protections that can be used to safeguard employees. These barriers include:

• Concrete walls
• Sand
• Water
• Crash cushions
• Attenuators

Construction project managers at roadside worksites are required to establish these protections. At other locations, the property manager or supervisor may be responsible for ensuring traffic controls are in place.

OSHA Requirements for Flaggers

OSHA-regulated clothing makes a flagger visible at least 1,000 feet in any direction. All worksites should also post signs warning drivers of a flagger ahead or of a slow zone. Flaggers must use illuminated paddles to direct traffic at night, and all flagger stations must be illuminated. Flaggers must be trained, certified, and follow authorized signaling methods at all times.

When OSHA standards are ignored or violated, our Houston construction accident lawyers aren’t afraid to stand up for injured workers’ rights. Whether your injuries occurred in a roadside construction zone or anywhere else on a job site, we have the experience and resources to help.

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Houston Construction Safety Regulations & Your Legal Rights

Construction sites in Houston operate under a layered regulatory framework. Texas doesn’t have a state OSHA plan, so federal OSHA directly enforces construction safety standards here. The Texas Department of Licensing and Regulation (TDLR) adds oversight for specific equipment and operations, including crane operator licensing and certification, elevator and escalator installation safety, boiler and pressure vessel inspections, and equipment operator training requirements.

Key Federal OSHA Construction Standards

Federal OSHA’s construction safety regulations set the floor for worker protection throughout Texas. Violations of these rules aren’t just regulatory failures; they can become powerful evidence in personal injury cases.

• Fall Protection (29 CFR 1926.501): Guardrails, safety nets, or personal fall arrest systems required for work above 6 feet.
• Scaffolding Safety (29 CFR 1926.451): Proper construction, inspection, and weight-capacity requirements.
• Electrical Safety (29 CFR 1926.404): Ground-fault circuit interrupters and safe wiring practices.
• Excavation and Trenching (29 CFR 1926.651): Protective systems to prevent cave-ins.
• Personal Protective Equipment (29 CFR 1926.95): Hard hats, safety glasses, gloves, and other required gear.
• Hazard Communication (29 CFR 1926.59): Training on chemical hazards and Safety Data Sheets.

Workers’ Compensation and Third-Party Claims

Texas doesn’t require employers to carry workers’ compensation insurance. Non-subscriber employers who opt out can be sued directly in civil court for negligence, without the limitations that ordinarily apply under the workers’ comp system. Even when workers’ comp is available, it covers only medical expenses and a portion of lost wages. It doesn’t cover pain and suffering, mental anguish, or punitive damages.

When a third party other than the employer caused or contributed to the accident, an injured worker can pursue a personal injury lawsuit. Those claims can recover full lost income, diminished earning capacity, past and future medical costs, pain and suffering, mental anguish, permanent disfigurement, loss of consortium, and wrongful death benefits. Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for these claims is generally two years from the date of the accident. Workers also have up to 30 days to notify their employer in writing of a workplace injury to preserve workers’ compensation rights.

How Safety Violations Become Evidence

Documented violations of OSHA standards or TDLR requirements are among the most effective tools in a construction injury case. When we represent injured construction workers in Houston, we investigate to expose violations of OSHA fall protection, trenching, and electrical safety standards; TDLR licensing requirements for equipment operators; industry best practices and manufacturer equipment guidelines; and company safety policies and internal procedures. Proving that an employer knew or should have known about a hazard and failed to act helps establish the negligence at the center of the claim.

Reporting Unsafe Conditions

Workers who witness safety violations can report them to OSHA without fear of retaliation. Federal law protects whistleblowers from being fired, demoted, or otherwise punished for reporting unsafe conditions. Complaints can be filed online at osha.gov, by phone at 1-800-321-OSHA (6742), in person at a local OSHA office, or anonymously.

Where Houston Construction Cases Are Filed

Our construction injury attorneys are experienced in Harris County Civil Court at Law, the Harris County District Courts, and the U.S. District Court for the Southern District of Texas. We know which venue may fit each case and how Houston juries may respond to evidence of safety violations.

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After a Houston Construction Accident: Protecting Your Claim

The steps you take immediately after a construction accident can determine what compensation you may be able to recover. Insurance adjusters often contact injured workers quickly with early settlement offers, before the full extent of injuries is known. Speaking to an attorney before giving a recorded statement can help protect your claim and keep you from accepting less than you deserve.

After a construction accident, take these key steps:

• Seek medical attention as quickly as possible.
• Report the incident to your employer in writing within 30 days to preserve workers’ compensation rights.
• Keep all records of your report, medical treatment, and communication with your employer.
• Talk to an attorney as soon as you can to understand your rights and next steps.

Documentation is everything in these cases. Incident reports, medical records, and photos of the accident scene can be the difference between a strong case and a weak one. When construction projects involve multiple contractors, subcontractors, and site owners, determining liability requires thorough investigation from the start.

Houston’s medical infrastructure is equipped to treat even the most catastrophic construction injuries. Memorial Hermann-Texas Medical Center operates the city’s busiest Level I trauma center, handling severe traumatic brain injuries, spinal cord damage, and crush injuries. Houston Methodist Hospital offers comprehensive orthopedic and neurosurgery services critical for construction accident recovery. Ben Taub Hospital, St. Luke’s Health, and St. Joseph Medical Center also treat construction injury patients. These hospitals not only provide life-saving care but generate the detailed medical records and expert documentation that can help build strong cases.

Our firm secured a $357.7 million settlement on behalf of several injured clients in 16 months, the largest workplace accident settlement in Texas history. That result reflects what is possible when a firm is willing to do the work and go to trial. We operate on a contingency basis, so you pay nothing unless we win. Past results do not guarantee a similar outcome.

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Frequently Asked Questions

What Should I Do Immediately After a Construction Site Injury?

Seek medical attention first, even if injuries seem minor. Then report the incident to your employer in writing. Texas law gives workers up to 30 days to notify an employer of a workplace injury to preserve workers’ compensation rights. Contact a construction accident attorney as soon as possible, and before speaking with any insurance adjuster.

Does Workers’ Compensation Cover All My Losses?

Workers’ compensation in Texas covers medical expenses and a portion of lost wages, but it doesn’t cover pain and suffering, mental anguish, or punitive damages. If your employer doesn’t carry workers’ comp, or if a third party contributed to the accident, you may have access to a personal injury claim that can compensate you for the full range of your losses.

Who Can Be Held Liable for a Houston Construction Accident?

Liability can extend beyond your direct employer. Depending on the circumstances, responsible parties may include general contractors, subcontractors, equipment manufacturers, property owners, and site managers. Identifying all liable parties is one of the most important steps in pursuing recovery, and it requires thorough investigation early in the process.

How Long Do I Have to File a Construction Injury Claim in Texas?

Texas generally gives injured workers two years from the date of the accident to file a personal injury lawsuit, under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline typically bars recovery. Contact an attorney well before that deadline to allow time for investigation and case preparation.

What Types of Compensation Can I Recover?

A third-party construction injury claim can recover medical bills, lost wages, diminished earning capacity, rehabilitation costs, pain and suffering, mental anguish, permanent disfigurement, loss of consortium, and, in cases of egregious conduct, punitive damages. Workers’ compensation alone doesn’t cover most of these categories.

Do I Need a Lawyer for a Construction Injury Claim?

Construction injury cases routinely involve multiple defendants, complex liability questions, and insurance companies focused on minimizing payouts. While no law requires you to hire an attorney, the complexity of both workers’ compensation law and personal injury litigation makes legal representation strongly advisable. We handle these cases on a contingency basis, so there’s no cost to you unless we win.

Talk to Our Houston Construction Injury Attorneys

If you or someone you love was hurt on a Houston construction site, Arnold & Itkin is ready to fight for you. We’ve recovered billions for injured workers and their families, and we’re not afraid to take cases the full distance to trial. Our results in the courtroom, including a $44 million crane accident verdict won right here in Houston, reflect what it means to have attorneys who prepare every case for trial. Past results do not guarantee a similar outcome. We represent clients in Houston and beyond, including Baton Rouge, Dallas, Midland, and New Mexico.

Contact our Houston construction accident lawyers at (888) 493-1629 and let us get to work for you.