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Elsa RodríguezGoogle · ES
Construction accidents · McAllen, Texas
McAllen Construction Accident Lawyer
Aquí para ayudarte
Hurt on a job site in McAllen or the Valley? A construction accident claim may reach past your employer, to the general contractor, another subcontractor, the property owner or the maker of the equipment. Call us and we find out who controlled the site and who carries insurance, then explain your options in English or Spanish.
- Attorney Alex Martinez handles your case
- Hablamos español, 24/7 hotline
- 4.8 stars from 610 Google reviews
In the media
en los medios
“100% recommend fought for my case until the end, always kept good communication and answered my questions …”
Ile FarmsGoogle · EN
After a job site injury
When to call a construction accident lawyer
A construction accident case looks at everyone who had a hand in the job: who ran the site, who set up the scaffold or dug the trench, and who owned the equipment that failed.
Most sites have several companies working at once, so the company that pays you may not be the only one responsible. Our workplace injury and workers' comp page explains how a comp claim and a lawsuit fit together.
Why Alex Martinez Law
Why injured construction workers call us
tu familia primero
Job site cases often involve several companies and several insurers. We keep track of all of them so you can focus on healing.
An attorney on your case.
Alex Martinez, licensed in Texas and admitted to the U.S. District Court for the Southern District of Texas, handles your claim.
Ready for a contested case.
Adrian Martinez, of counsel, brings more than 40 years of civil litigation to cases where several companies dispute who is at fault.
Your language, any hour.
Hablamos español. Call the 24/7 hotline or send a WhatsApp, and talk it through in English or Spanish.
Two offices in the Valley.
Meet us in McAllen or at our Brownsville office in Olmito, or by phone, WhatsApp or video.
Contingency fee.
You pay no attorney’s fee unless we recover money for you. Case costs, such as filing fees and records, are explained in writing before you sign.
How we handle it
How our attorneys build a construction injury case
Who works your case
Alex Martinez starts with the site: which companies were working there, who controlled the work you were doing, what the contracts between them say and who carries insurance. On a job site, those answers decide who can be held responsible.
He works with Adrian Martinez, of counsel, and our bilingual staff, who gather records and keep you updated by phone or WhatsApp.
Evidence we gather
- OSHA inspection records and the employer's serious-injury report
- Contracts between the owner, general contractor and subcontractors
- Site safety plans, daily logs and inspection records
- The scaffold, ladder, lift or tool involved, and its maintenance history
- Photos, video and statements from the crew
- Your medical records, bills and pay stubs
What to bring
- Pay stubs and the name of the company that pays you
- The site address and the general contractor's name
- Photos of the site, the equipment and your injuries
- Any paper you were asked to sign after the injury
- Names and phone numbers of co-workers who saw it
Accidents we handle
Construction accidents we take
Falls
Roofs, ladders, scaffolds, lifts and floor openings.
Struck-by injuries
Falling tools and loads, swinging equipment and vehicles backing up on site.
Trench & caught-in
Trench cave-ins and workers pinned or pulled into machinery.
Electrocution & burns
Overhead power lines, exposed wiring and ungrounded tools.
Cranes & heavy equipment
Forklifts, aerial lifts, cranes and earthmovers.
Defective tools & machines
Product claims against the maker or seller of equipment that failed.
Rules that decide a construction injury claim
General information, not legal advice. Exceptions apply — ask us about your own dates.
Focus Four
OSHA names falls, struck-by, caught-in or between and electrocution as the four most common causes of construction deaths.
6 ft
Workers at an unprotected edge 6 feet or more above a lower level must have guardrails, nets or fall arrest.
5 ft
Trenches 5 feet or deeper need a cave-in protective system, unless dug entirely in stable rock.
Ch. 95
A property owner is liable to a contractor's worker only if it controlled the work and knew of the danger but failed to warn.
15 yrs
Most product claims against a tool or equipment maker must be filed within 15 years of its sale.
30 days
to tell your employer about the injury if you want workers' comp benefits.
2 yrs
to file most injury lawsuits against a contractor, owner or equipment maker.
51%
You can recover from another company if you are 50% or less at fault. Your share reduces the award.
What happens next
From your first call to a resolution
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01First call
Free case review
Call, WhatsApp or use the form. We ask where the site was and which companies were working there.
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02First weeks
Site evidence
We request OSHA records and contracts, and ask that photos, video and equipment be preserved.
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03Weeks to months
Who is responsible
We sort out your comp claim and any claim against a contractor, owner or equipment maker.
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04While you treat
Treatment and claim
While you heal, we track your care and lost wages and deal with each insurer.
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05Months or longer
Resolution
Claims against several companies may settle together or go to trial.
Fees and consultation
How much does a construction accident attorney cost?
You pay no attorney’s fee unless we recover money for you.
Case costs, such as filing fees and records, are explained in writing before you sign.
Your case review is free, and you pay no attorney's fee unless we recover money for you.
If part of your case is a workers' comp claim, the state or a court must approve that fee, and it generally cannot exceed 25% of what you recover (Labor Code §408.221).
Your attorney
Alex Martinez
J.D., Thurgood Marshall School of Law. Licensed in Texas, admitted to the U.S. District Court for the Southern District of Texas. Works with Adrian Martinez, of counsel, a trial lawyer with more than 40 years in civil litigation.
Reviewed by Alex Martinez, State Bar of Texas
Questions
Construction accident questions
Questions about fees, deadlines and the first steps for every kind of injury are on our personal injury services page.
Who is responsible for a construction site accident?
It depends on who controlled the work and the danger. That can be the general contractor, another subcontractor, the property owner, the maker of a tool or machine, or your own employer if it has no workers' comp. Property owners are liable to a contractor's workers only in narrow cases, when they controlled the work and knew of the danger.
Can I sue the general contractor?
Sometimes. A general contractor that controlled your work and was careless may be responsible. But if the general contractor covered you under its workers' comp policy through a written agreement with your employer, Texas treats it as your employer for comp purposes, and that can limit what you can claim from it.
What if a defective tool or machine hurt me?
You may have a product claim against the company that made or sold it, in addition to workers' comp. Keep the tool or machine if you can, or tell us where it is, because the equipment is often key evidence. Most product claims must be filed within 15 years of the product's sale.
Does an OSHA citation prove my case?
It helps, but it is not the whole case. An OSHA citation is evidence that a safety rule was broken. Your claim still has to show who was responsible and that the violation caused your injury.
What should I do after a construction accident?
Get medical care first. Then report the injury to your supervisor, take photos of the site and the equipment if you can, write down the names of witnesses and the general contractor, and do not sign a release before a lawyer reads it.
Injury help across South Texas
Offices in McAllen and Brownsville. Phone and video consultations anywhere in the Valley.
Hurt on a job site? Call El Gallo.
Phone, WhatsApp or the form. English or Spanish, day or night.