Wichita Falls Construction Accident Lawyer

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Construction sites in Wichita Falls are some of the most dangerous places to work in North Texas. Whether it’s a project near Sheppard Air Force Base, a commercial build along Kemp Boulevard, or a residential development spreading out toward the Wichita River, workers face serious risks every single day. When an accident happens and someone gets hurt, the question is always the same: who is responsible, and how do you get the compensation you deserve? At Chandler Ross Injury Attorneys, we represent injured construction workers and their families throughout the Wichita Falls area and across North Texas, fighting for every dollar the law allows.

Table of Contents

Why Construction Accidents in Wichita Falls Are So Dangerous

Construction is one of the deadliest industries in the United States. According to the U.S. Bureau of Labor Statistics, construction and extraction workers experienced 1,032 fatalities in 2024, with fatal falls, slips, and trips accounting for 370 of those deaths. Those numbers represent real people, real families, and real communities like ours here in North Texas.

Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 389 of the 1,034 construction fatalities recorded in 2024. OSHA’s own data shows that fall protection under 29 CFR 1926.501 remains the most frequently cited standard by federal OSHA in fiscal year 2024. That means employers are still failing to protect workers from the most predictable hazard on any job site.

The “Fatal Four” in construction are falls, struck-by incidents, caught-in or between accidents, and electrocutions. These four leading causes of construction deaths account for 65% of all construction fatalities. On a busy Wichita Falls job site, any one of these hazards can be present at any moment, from scaffolding near the downtown corridor to trenching work near the city’s older utility corridors.

Falls are not the only threat. Workers face crush injuries from heavy equipment, burns from electrical sources, and traumatic brain injuries from falling objects. These injuries often result in permanent disability, lost income, and years of medical treatment. If you or someone you love was hurt on a construction site near Wichita Falls, you need to know your rights under Texas law right away. Call Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation.

Texas Workers’ Compensation and the Non-Subscriber Rule for Construction Workers

Texas is the only state in the country where private employers are not required to carry workers’ compensation insurance. In 2026, Texas remains the only state where private employers are not legally required to provide workers’ compensation insurance. This single fact changes everything for injured construction workers in Wichita Falls.

Employers who opt out of the state workers’ compensation system are called “non-subscribers” under Texas Labor Code Chapter 406. Employers that opt out are called non-subscribers under Texas Labor Code Chapter 406. If your employer carries workers’ compensation, benefits include medical care and a portion of lost wages, but you generally cannot sue the employer. If your employer is a non-subscriber, you may sue for negligence and recover full damages, including pain and suffering, as outlined in Texas Labor Code Section 406.033.

When you sue a non-subscriber employer, that employer loses powerful legal defenses. Under Texas Labor Code Section 406.033, nonsubscribing employers forfeit several common-law defenses, including contributory negligence, assumption of the risk, and the negligence of fellow employees. That is a significant advantage for an injured worker. It means the employer cannot simply point at you and say the accident was your fault to avoid paying.

There is one important rule to know: under Texas Labor Code Section 406.033(e), a cause of action for workplace injury cannot be waived by an employee before the injury occurs. Any agreement signed before an injury that tries to take away your right to sue is void and unenforceable under Texas law. Do not let an employer or insurance adjuster tell you otherwise.

Employers that do not provide Texas workers’ compensation coverage must notify their workers by posting a notice of no coverage in the workplace in English, Spanish, and any other language as needed. If you never saw that notice, you may not have known your employer was a non-subscriber. That is exactly why speaking with an attorney matters so much after a construction accident.

Who Can Be Held Liable for a Wichita Falls Construction Site Injury

Liability on a construction site rarely falls on just one party. General contractors, subcontractors, property owners, equipment manufacturers, and site managers can all share responsibility for a worker’s injuries. Identifying every liable party is one of the most important steps in a construction accident claim.

Property owners in Texas can be held responsible under Texas Civil Practice and Remedies Code Chapter 95, which governs claims by independent contractors injured on property. If the property owner retained some control over the work being done, or if the owner had actual knowledge of a dangerous condition, that owner can face liability. This matters for construction projects on private land throughout the Wichita Falls metro area, including commercial developments near Sikes Senter Mall or industrial sites along the US-287 corridor.

Third-party claims are often the most valuable part of a construction injury case. If a crane manufacturer produced a defective piece of equipment, or if a separate subcontractor created a hazardous condition that caused your fall, you can pursue a claim against those parties even if your direct employer has workers’ compensation coverage. Even if your employer has workers’ compensation coverage, you may have a separate claim against a third party. Common third-party defendants in Texas construction injury lawsuits include property owners and site managers under Texas Civil Practice and Remedies Code Chapter 75, which governs premises liability.

Expert testimony plays a critical role in construction accident cases. Under the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), expert witnesses must offer testimony based on reliable methodology. In practice, this means your attorney may retain safety engineers, OSHA compliance experts, or medical professionals to establish exactly how the accident happened and who caused it. Chandler Ross Injury Attorneys works to build that kind of thorough, evidence-based case for every client we represent.

The personal injury lawyers at Chandler Ross Injury Attorneys understand how to identify every party who shares responsibility for your injuries and pursue claims against all of them simultaneously.

What Compensation You Can Recover After a Wichita Falls Construction Accident

The damages available to you depend on whether your employer is a workers’ compensation subscriber or a non-subscriber. If your employer is a non-subscriber, your potential recovery is significantly broader than what the workers’ comp system provides.

In a non-subscriber negligence lawsuit, you can pursue full compensation for past and future medical expenses, including surgeries, rehabilitation, and long-term care. You can also recover all lost wages, not just a portion, as well as lost earning capacity if your injuries prevent you from returning to your previous work. Construction workers who suffer catastrophic injuries, such as traumatic brain injuries, spinal cord damage, or severe burns, often face a lifetime of medical costs and lost income.

Pain and suffering damages are also available in non-subscriber claims. These cover the physical pain of your injuries, emotional distress, loss of enjoyment of life, and disfigurement. Workers’ compensation does not pay for pain and suffering at all, which is one reason why a non-subscriber lawsuit can result in a much larger recovery for an injured worker.

In cases involving gross negligence, Texas law allows for exemplary (punitive) damages. These are designed to punish employers who showed a conscious disregard for worker safety. If a contractor knew about a fall hazard on a Wichita Falls job site and did nothing about it, that conduct could support a claim for exemplary damages under Texas Civil Practice and Remedies Code Chapter 41.

Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. Texas follows comparative fault rules under Texas Civil Practice and Remedies Code Section 33.001. You can still recover damages as long as you were not more than 50% at fault. Your compensation is reduced by your percentage of fault, but as long as you are 50% or less responsible, you can still recover.

The Deadline to File a Construction Accident Lawsuit in Texas

Time is one of the most critical factors in any construction accident claim. Miss the filing deadline, and you lose your right to recover compensation entirely. Texas law establishes a two-year statute of limitations for most personal injury claims under Texas Civil Practice and Remedies Code Section 16.003. This means you have exactly two years from the date of your injury to file a lawsuit in court.

Two years sounds like a long time. In reality, it passes quickly when you are focused on medical recovery, dealing with insurance adjusters, and trying to keep your household running. Evidence disappears. Witnesses move away. Security camera footage gets overwritten. The sooner you contact an attorney after a construction accident near Wichita Falls, the better your chances of building a strong case.

There are limited exceptions to the two-year rule. One significant exception applies to cases involving individuals with a “legal disability.” Under the Texas Civil Practice and Remedies Code, the limitations period is tolled for persons under 18 years of age and individuals of “unsound mind.” For these protected parties, the two-year countdown does not begin until the minor turns 18 or the person regains mental capacity. Claims against government entities, such as a municipality overseeing a public works project near Lucy Park or the Wichita Falls Convention Center, may carry shorter notice deadlines.

Do not wait to find out which rules apply to your case. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your accident. We serve clients throughout Wichita Falls and the surrounding North Texas region from our office in Denton, Texas. Our attorneys are licensed in Texas and handle cases throughout the state.

Steps to Take After a Construction Accident in Wichita Falls

What you do in the hours and days after a construction accident directly affects the strength of your legal claim. Acting quickly and carefully protects both your health and your right to compensation.

Report the injury to your supervisor immediately and in writing. This creates an official record that the accident happened at work. Under Texas law, employers who are non-subscribers must report work-related injuries resulting in more than one day of lost time to the Texas Department of Insurance, Division of Workers’ Compensation. If your employer fails to report, that is a red flag worth noting.

Seek medical treatment right away, even if you feel your injuries are minor. Adrenaline masks pain. Some of the most serious injuries, including traumatic brain injuries and internal damage, do not show clear symptoms immediately. Medical records created close in time to the accident carry significant weight in any legal claim.

Document the scene if you are able. Take photographs of the hazard that caused your injury, any missing safety equipment, and the surrounding area. Write down the names and contact information of any coworkers or bystanders who witnessed the accident. If OSHA investigates the site, their inspection report can be powerful evidence in your case.

Be careful about what you sign. Non-subscriber employers sometimes offer internal benefit plans or quick settlements immediately after an accident. Many non-subscriber companies attempt to pacify injured workers by offering their own internal alternative benefit plans immediately following a severe construction accident. These private plans usually force you to see company-approved doctors who might downplay your injuries just to save the employer money. Before you sign anything, speak with an attorney.

Contact Chandler Ross Injury Attorneys at (940) 800-2500. We offer free consultations and work on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Our firm serves clients in Wichita Falls, Denton, and throughout North Texas.

FAQs About Wichita Falls Construction Accident Lawyers

Can I sue my employer if I was injured on a construction site in Wichita Falls?

It depends on whether your employer carries Texas workers’ compensation insurance. If your employer is a non-subscriber, meaning they opted out of the workers’ compensation system under Texas Labor Code Chapter 406, you can file a negligence lawsuit against them directly. Non-subscriber employers also lose key legal defenses, including the ability to argue that you assumed the risk of your job or that a coworker’s negligence caused the accident. If your employer does carry workers’ comp, you may still have claims against third parties such as equipment manufacturers or other contractors on the site.

What is OSHA’s role after a construction accident in Texas?

The Occupational Safety and Health Administration (OSHA) sets and enforces federal safety standards for construction sites under 29 CFR Part 1926. After a serious construction accident, OSHA may conduct an investigation and issue citations to the employer for safety violations. These citations and inspection reports can serve as important evidence in your personal injury claim. OSHA requires fall protection for workers at heights of six feet or more under 29 CFR 1926.501. If your employer violated that standard and you fell, that violation is directly relevant to your case.

How long do I have to file a construction accident lawsuit in Texas?

Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of your injury to file a personal injury lawsuit. If your injuries resulted in a death, the two-year clock starts on the date of death. Missing this deadline almost always means losing your right to any compensation. Some exceptions exist for minors and individuals with certain disabilities, but you should never assume an exception applies to your situation. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after an accident.

What if I was partly at fault for my construction accident?

Texas uses a modified comparative fault system under Texas Civil Practice and Remedies Code Section 33.001. You can still recover compensation as long as you are found to be 50% or less at fault for the accident. Your total recovery is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $500,000, you would recover $400,000. In a non-subscriber employer case, the employer cannot use your partial fault as a complete defense to avoid paying you.

Does Chandler Ross Injury Attorneys handle construction accident cases outside of Denton?

Yes. Chandler Ross Injury Attorneys is based in Denton, Texas, and represents injured clients throughout North Texas, including Wichita Falls and the surrounding Wichita County area. Our attorneys are licensed in Texas and handle construction accident cases across the state. If you were injured on a job site near Wichita Falls, whether along US-287, near Sheppard Air Force Base, or anywhere else in the region, we are ready to help. Call us at (940) 800-2500 to discuss your case at no charge.

Attorney responsible for this content: Chandler Ross Injury Attorneys, principal office located in Denton, Texas. Past results do not guarantee a similar outcome in any future matter. Each case is different and must be evaluated on its own facts and applicable law.

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