Losing someone you love in a construction accident someone else caused can leave you feeling shaken, frustrated, and searching for answers. Many families want to hold the at-fault party accountable and pursue compensation for everything the loss has created in their lives.
OSHA’s fatal four in Texas construction: falls, struck-by, electrocution, caught-in/between often appear in these tragedies, and families deserve support from a skilled construction accident lawyer who knows how to build a strong claim from the start.
A construction accident lawyer near you can answer your questions, guide you through each step of the process, and offer a free consultation so you know where you stand.
Key Takeaways: OSHA’s Fatal Four in Texas Construction
- Construction workers face four primary hazards that account for the majority of workplace fatalities in Texas
- Employers must comply with specific OSHA standards and Texas Labor Code requirements to protect workers from preventable accidents
- Workers injured by employer negligence may pursue compensation through workers’ compensation claims and third-party liability lawsuits
- Understanding your legal rights after a construction accident is critical to recovering full damages for medical expenses, lost wages, and pain and suffering
- Time limits under Texas law require injured workers to act quickly to preserve their right to compensation
What Are OSHA’s Fatal Four Hazards?
OSHA uses the term Fatal Four to describe the four most common causes of construction worker deaths.
These include:
- Falls: Incidents where a worker drops from one level to another, often from scaffolds, ladders, roofs, or platforms.
- Struck-by accidents: Situations where an object hits a worker, such as falling tools, swinging loads, or moving vehicles.
- Electrocution: Contact with live power lines, faulty wiring, or energized equipment.
- Caught-in or caught-between accidents: Events where workers are squeezed, crushed, or pinned between equipment, structures, or collapsing trenches.
Why These Four Hazards Dominate Texas Construction Fatalities
Texas construction crews work in environments filled with elevated surfaces, power sources, and machinery. When employers fail to enforce simple safety measures, the risk climbs quickly. Workers move around fast, share limited space, and often work near heavy equipment, which increases the likelihood of falls, flying objects, and equipment related injuries. Texas also has many outdoor job sites with unpredictable weather, which can make surfaces slick or unstable and raise the risk of falls and electrocution.
Texas OSHA Standards and Employer Responsibilities
Employers must follow OSHA standards to protect workers from preventable hazards. They must train workers, maintain safe equipment, and ensure the job site follows all safety rules. Texas Labor Code provisions require employers to provide safe workplaces and take steps to control known dangers. Employers must also inspect sites regularly, provide protective gear, and correct hazards that could injure workers or put their lives at risk.
What Should I Know About Falls in Texas Construction?
Falls cause more construction deaths in Texas than any other hazard. Workers often climb ladders, work on scaffolding, or move across unfinished structures, which puts them at an increased risk.
Common Types of Construction Falls
A fall on a construction site may involve:
- Unprotected roof edges or open sides
- Unstable ladders that shift or collapse
- Scaffolding that was not assembled correctly
- Holes in flooring that were left uncovered
- Wet or uneven walking surfaces
Workers often rely on their equipment and surroundings to support them, and even a small mistake by an employer can lead to a devastating fall.
Texas Fall Protection Requirements Under OSHA
OSHA requires employers to provide fall protection for workers at certain heights. For example, workers must have guardrails, safety harnesses, or safety nets when working above six feet in many situations. Employers must make sure ladders and scaffolds are stable and designed to hold the weight of the workers and their equipment.
Employer Liability for Fall-Related Injuries
Employer actions often contribute to fall injuries. An employer who ignores broken harnesses, fails to train workers about ladder safety, or rushes crews through tasks without proper equipment may be liable for the harm that results. When employers cut corners or ignore hazards, they increase the risk of severe injuries for workers.
Compensation Available to Fall Victims in Texas
A worker injured in a fall may pursue different forms of compensation, depending on the employer’s insurance status. Workers may receive help with medical bills, lost income, and long-term effects on their ability to work. If another company on the job site contributed to the fall, a personal injury claim may help recover additional losses.
What Are Struck-By Hazards and Who Is Liable?
Struck-by accidents happen when objects hit a worker with force. These hazards appear often on construction sites because workers operate cranes, forklifts, trucks, and power tools near one another.
Categories of Struck-By Accidents on Construction Sites
Struck-by incidents fall into several common groups:
- Falling objects, such as dropped tools or loose materials
- Flying debris from power tools like saws or nail guns
- Swinging equipment, including loads on cranes or hoists
- Vehicles or heavy machinery that strike workers
Each category carries the risk of severe injury, especially when employers fail to control the movement of equipment or secure tools properly.
OSHA Standards for Struck-By Prevention in Texas
OSHA requires employers to use barriers, warning signs, helmets, and tool tethering systems to prevent objects from striking workers. Heavy equipment operators must receive training and follow strict rules when moving vehicles or lifting materials. Employers must also keep job sites organized so tools and debris don’t fall or fly unexpectedly.
Determining Fault in Struck-By Construction Accidents
Liability often depends on who controlled the equipment or object that caused the injury. For example, a crane operator who moved a load without checking the area may be responsible. A contractor who failed to secure materials might also share fault. Attorneys often look at site records, safety logs, and witness statements to determine responsibility.
Third-Party Liability in Struck-By Incidents
Sometimes, a company other than the employer causes the accident. A subcontractor, equipment operator, delivery driver, or equipment manufacturer may be liable. A third-party liability claim may allow an injured worker to pursue additional compensation beyond workers’ compensation.
How Do Electrocution Accidents Happen in Texas Construction?
Electrocution accidents often occur without warning. Construction workers in Texas frequently work near power lines, generators, and live wiring, which raises the risk of sudden injury or death.
Leading Causes of Construction Electrocution
Common causes of electrocution include:
- Contact with overhead power lines
- Damaged extension cords or power tools
- Improperly grounded equipment
- Exposed or live wires in unfinished structures
These risks grow when employers ignore electrical hazards or fail to enforce lockout procedures that prevent equipment from being energized during maintenance.
Texas Electrical Safety Standards and OSHA Compliance
OSHA requires employers to train workers to identify electrical hazards. Employers must cover or guard live wires, maintain safe distances from power lines, and use ground fault circuit interrupters to shut down power during dangerous surges. Texas law also requires employers to protect workers from known electrical dangers.
Liability for Electrocution Injuries and Deaths
Electrocution injuries often involve more than one party. An employer who failed to train workers or refused to repair faulty equipment may be liable. A property owner who ignored downed power lines or damaged wiring may also share responsibility. Attorneys examine site conditions, maintenance records, and the actions of everyone involved to determine who caused the harm.
Damages Recoverable in a Construction Electrocution Lawsuit
Workers and families may pursue compensation that addresses medical care, long-term treatment, lost income, and changes in the worker’s ability to earn a living. Families who lose a loved one may also pursue compensation under Texas wrongful death laws.
What Are Caught-In/Between Hazards in Construction Work?
Caught-in or caught-between accidents often involve large equipment, collapsing structures, or unstable trenches. These situations give workers little time to react.
Types of Caught-In/Between Accidents
Examples of these accidents include:
- Trench or excavation collapses
- Workers pulled into moving machinery
- Crushed limbs between heavy equipment
- Building or structure collapses
These accidents often involve serious injuries that require extensive medical care.
OSHA Requirements for Trenching, Excavation, and Equipment Safety
OSHA requires protective systems for trenches deeper than five feet. These systems support walls so they don’t collapse. Employers must inspect trenches daily and remove workers from unsafe areas. Equipment must also have guards and emergency shutoff controls to prevent workers from being pulled into moving parts.
Employer and Equipment Owner Liability
When a trench collapses or a machine crushes a worker, liability often falls on the party responsible for safety. This could include the employer, a subcontractor, or the company that owns the equipment. Attorneys look closely at maintenance records, inspection logs, and training practices to determine liability.
Texas Laws Governing Caught-In/Between Accident Claims
Texas law allows workers to file claims through workers’ compensation or personal injury lawsuits, depending on the employer’s insurance coverage and the involvement of third parties. Families who lose a loved one may file wrongful death claims to pursue compensation for the harm caused by another party’s negligence.
When You Can File a Personal Injury Lawsuit
If a third party contributed to the accident, you may file a lawsuit against that party. Examples include equipment manufacturers, property owners, or subcontractors. A personal injury claim may help workers recover compensation for additional losses.
Non-Subscriber Employers and Your Legal Options
Texas allows employers to opt out of workers’ compensation. When an employer chooses not to carry this insurance, workers may file direct lawsuits after an accident. Non-subscriber employers lose certain legal protections, making it easier for injured workers to hold them accountable.
Maximizing Compensation Through Multiple Claims
Some workers may have more than one claim. For example, a worker might qualify for workers’ compensation and a personal injury claim if another company contributed to the accident. Attorneys review every possible source of recovery to help address the financial impact of the accident.
How Our Attorneys Can Help
AMS Law Group supports injured construction workers and families who lost loved ones in these preventable accidents. Our team works with you, explains your options clearly, and handles the legal process so you can focus on healing.
Investigating Your Construction Accident
We collect evidence, interview witnesses, and examine site conditions. This allows us to build a strong foundation for your claim.
Identifying All Liable Parties
Many accidents involve more than one party. We look for every responsible individual or company to help strengthen your case.
Navigating Texas Personal Injury Law
Texas law includes specific rules for workplace accidents. We guide you through these rules and explain how they apply to your situation.
Fighting for Maximum Compensation
We pursue compensation that reflects your losses, including medical bills, lost wages, and long-term effects on your ability to work.
Protecting Your Rights Against Insurance Companies
Insurance companies often try to reduce payouts or shift blame. We stand between you and the insurance company so your rights stay protected.
Frequently Asked Questions About Fatal Construction Accident Claims
Can I sue my employer for a construction accident in Texas?
You may sue your employer if the employer is a non-subscriber. If the employer carries workers’ compensation, your primary option is a workers’ compensation claim.
What if I was partially at fault for my construction injury?
Texas uses a system that allows workers to recover compensation if they are less than 51 percent responsible for the accident. Your compensation amount adjusts based on your share of fault.
How long do I have to file a construction accident claim in Texas?
Most personal injury and wrongful death claims must be filed within two years. Missing the deadline bars you from recovering compensation.
What compensation can I recover after a Fatal Four accident?
You may pursue compensation for medical bills, lost income, disability, and long-term treatment needs. Families may also pursue compensation for the loss of their loved one and its impact on their lives.
Do I need a lawyer for a construction accident claim?
Construction cases often involve multiple companies, complex safety records, and detailed investigations. An attorney helps gather evidence, identify liable parties, and guide you through the legal process.
Contact Our Construction Accident Lawyers in Texas Today
Construction accident claims involve deadlines, evidence, and legal requirements that move fast. Families who wait too long may lose the chance to take action. AMS Law Group understands the heavy toll these accidents create, and we know how to protect your rights from the start.
Our team listens to your story, answers your questions, and works to hold the responsible parties accountable. Contact us for a free, no obligation case evaluation. Call us at (888) 960-8363 for your free consultation.