If you were injured on a construction site in San Antonio, you may have legal options beyond workers’ compensation. Call 855-LAW-NINJA for a free case review.
Licensed Texas attorney with 10+ years of experience handling construction injury claims on a contingency fee basis.
Dr. Louis Patino is a Texas Bar-licensed construction accident attorney with more than a decade of litigation experience representing injured workers across South and Central Texas. His work includes complex construction claims involving commercial expansion, residential development, and large-scale infrastructure projects throughout the San Antonio area, where tight timelines and high-pressure conditions can contribute to serious safety failures.
Dr. Patino represents construction workers, including visa workers and Spanish-speaking employees, by investigating job site conditions, identifying responsible parties, and pursuing compensation through negligence claims when appropriate.
If you believe negligence contributed to your injury, call 855-LAW-NINJA (855-529-6465) today to schedule a free case review.
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Legal Basis for Construction Workplace Injury Claims in San Antonio
Construction accidents in San Antonio may involve several overlapping areas of Texas law. Unlike many other states, Texas allows certain employers to operate outside the workers’ compensation system. These are known as non-subscriber employers. When an employer is a non-subscriber, injured workers may have the right to pursue a negligence-based claim.
These claims are governed by Texas labor laws, general negligence principles, and the Texas Civil Practice & Remedies Code § 16.003, which sets the deadline for filing a lawsuit.
In these cases, liability often depends on whether a party failed to maintain safe working conditions or exercised control over job site safety at the time of the incident.
Across San Antonio and Bexar County, ongoing growth in residential construction, commercial development, and public infrastructure has contributed to an increase in multi-contractor job sites, making liability analysis more complex.
Construction Site Liability and Multiple Responsible Parties
Construction accident claims often involve multiple companies working on the same project, each with different responsibilities related to safety and operations. Because of this, liability is not always limited to a single employer.
Responsible parties may include:
- General contractors
- Subcontractors
- Property owners or developers
- Equipment manufacturers
- Site supervisors or management companies
Determining which party had control over safety conditions at the time of the accident is often one of the most critical and disputed issues in these cases.
Our firm focuses on identifying all potentially liable parties through a detailed review of contracts, job site responsibilities, and safety obligations.
Comparative Fault in Texas Workplace Injury Claims
Texas follows a modified comparative negligence rule. This means an injured worker may still recover compensation if they are 50% or less at fault for the accident, although any recovery may be reduced based on their share of responsibility.
Even if you were partially responsible, you may still have a valid claim under Texas law.
Insurance companies often attempt to minimize liability by arguing that the worker contributed to the incident. These arguments are common in construction cases involving safety procedures, equipment use, or compliance with job site protocols.
Disputes over fault frequently arise when employers or contractors attempt to shift responsibility rather than address unsafe working conditions.
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Common Employer and Contractor Defenses
Construction companies and insurers often dispute claims rather than accept responsibility.
Common defenses include:
- Shifting blame to subcontractors
- Alleging worker negligence
- Claiming that safety standards were followed
- Denying responsibility for job site conditions
- Asserting compliance with OSHA requirements
Evidence commonly used to establish negligence may include:
- Incident and accident reports
- OSHA records
- Safety logs and inspection reports
- Equipment maintenance documentation
- Witness statements
- Photographs or video evidence
- Medical records
The strength of a claim often depends on how effectively this evidence is gathered, preserved, and used to demonstrate control over job site safety.
Types of Compensation in Construction Injury Claims
Construction injuries can lead to significant financial loss and long-term physical impact, particularly for workers whose jobs rely on physical labor.
Injured workers may seek compensation for:
- Medical expenses, including emergency treatment, surgery, and rehabilitation
- Lost wages and reduced future earning capacity
- Pain and suffering
Serious construction accidents may result in:
- Traumatic brain injuries
- Spinal cord injuries
- Fractures
- Orthopedic damage
Medical documentation plays a critical role in establishing the full extent of damages. In more complex cases, expert analysis may also be required to evaluate long-term care needs and financial impact.
Construction Injury Claim Process
Step 1 — Case Review
Assess whether a negligence claim exists, including employer structure and safety conditions.
Step 2 — Evidence Development
Collect key evidence such as incident reports, safety records, and medical documentation.
Step 3 — Demand
Submit a demand outlining liability and damages to responsible parties or insurers.
Step 4 — Litigation
File a lawsuit if liability is disputed or a fair resolution is not offered.
Step 5 — Resolution
Resolve the case through settlement or trial, depending on the strength of the evidence.
The process focuses on establishing liability, documenting damages, and positioning the claim under Texas law.
Construction Injury Lawyer Cost
We handle construction injury claims on a contingency fee basis.
This means:
- No upfront attorney fees
- Payment is only required if compensation is recovered
All fees are clearly explained during your case review.
Construction Injury FAQs
Seek medical attention immediately and report the incident. Proper documentation is critical.
Yes. If your employer is a non-subscriber, you may be able to file a negligence claim.
Yes. Immigration status does not prevent you from pursuing a claim based on negligence.
Most workplace injury claims must be filed within two years under Texas law.
Why Choose Dr. Patino?
✔ 10+ years licensed Texas attorney
✔ Former U.S. Army Combat Medic
✔ Medical background relevant to evaluating injuries
✔ Bilingual legal representation (English / Spanish)
✔ Experience handling construction injury claims
✔ Contingency fee representation
✔ Trial-ready litigation strategy
Construction injury cases often involve complex liability issues and detailed medical evidence. Early legal evaluation can help protect your rights and clarify your options.
Schedule a Case Review
Construction growth across San Antonio and surrounding areas has increased demand for labor, placing many workers on fast-moving job sites where safety issues can arise.
If you were injured on a construction site, a case review can help determine whether your employer or another party may be legally responsible.
Call 855-LAW-NINJA today to schedule a free case review.
Trial-ready representation. Available 24/7.
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