Construction sites throughout McAllen and Hidalgo County are some of the most dangerous workplaces in Texas. Falls from scaffolding, crane accidents, electrocutions, and equipment failures can cause life-changing injuries or death. If you were injured on a construction site, you need a McAllen construction accident lawyer who understands both workers’ compensation and third-party liability claims—and who has recovered over $75 million for injured Texans.
Kenny Perez Law represents construction workers injured on McAllen job sites, from residential developments to major commercial projects. With 300+ five-star reviews and a reputation as the fastest-growing personal injury firm in the Rio Grande Valley, Kenny Perez knows how to hold negligent contractors, property owners, and equipment manufacturers accountable. Whether you fell from a scaffold on Tenth Street or were struck by machinery at a warehouse site near the international bridge, we fight for the full compensation you deserve. Call (956) 305-5351 today for a free consultation. You pay nothing unless we recover for you.
On This Page:
- Common construction accidents in McAllen
- Who is liable for your injuries
- Third-party claims explained
- OSHA violations and your case
- Compensation you can recover
- Types of construction site injuries
- Texas workers’ compensation limits
- Why you need a construction accident lawyer
- How Kenny Perez Law investigates your case
- Frequently asked questions
- Why choose Kenny Perez Law
Common Construction Accidents in McAllen and Hidalgo County
The Rio Grande Valley’s construction industry is booming—new housing developments, commercial warehouses near the international bridges, and infrastructure projects create jobs but also serious hazards. McAllen construction sites see frequent accidents that cause devastating injuries.
Falls from Heights: Falls from scaffolding, ladders, roofs, and structural steel remain the leading cause of construction deaths in Texas. On McAllen job sites, workers often face inadequate fall protection, unstable scaffolding, or missing guardrails. A fall from even 10 feet can result in broken bones, traumatic brain injuries, or spinal cord damage.
Crane and Heavy Equipment Accidents: Construction sites near US-83 and around McAllen’s industrial zones use cranes, forklifts, backhoes, and other heavy machinery. Operator error, mechanical failures, or poor site management can cause crushing injuries, amputations, or fatalities when workers are struck by equipment or loads.
Electrocutions: Workers may contact overhead power lines, exposed wiring, or defective power tools. Electrocution causes severe burns, cardiac arrest, neurological damage, and death. These accidents often result from inadequate safety planning or failure to de-energize electrical sources.
Trench and Excavation Collapses: Trenching and excavation work for utilities or foundations can be deadly if proper shoring and protective systems aren’t used. When trenches collapse, workers can be buried alive within seconds. These accidents are preventable with proper OSHA-compliant safety measures.
Falling Objects: Tools, materials, and equipment falling from upper levels strike workers below, causing traumatic brain injuries, spinal injuries, and death. Hard hat requirements and tool tethering can prevent these accidents, but rushed schedules and inadequate supervision lead to preventable tragedies.
Exposure to Hazardous Substances: Construction workers may be exposed to asbestos, silica dust, lead paint, or chemical fumes without proper respiratory protection or ventilation. Long-term exposure causes cancer, lung disease, and other serious conditions.
McAllen’s construction industry includes both experienced contractors and smaller operations that may cut corners on safety. Kenny Perez Law has handled construction accident cases throughout Hidalgo County and knows how to identify the negligence that caused your injuries.
Who Is Liable for Your Construction Site Injury?
Construction sites involve multiple parties, and determining liability requires investigation. Your workers’ compensation claim may cover some expenses, but third-party claims against other responsible parties can provide additional compensation.
General Contractors: The general contractor manages the job site and is responsible for overall safety. If they failed to enforce safety protocols, allowed hazardous conditions, or hired unqualified subcontractors, they may be liable for your injuries.
Subcontractors: Specialized subcontractors (electrical, plumbing, framing) may be responsible if their negligence directly caused your accident. For example, if an electrical subcontractor left exposed wiring that electrocuted you, they can be held liable.
Property Owners: The property owner may be liable if they retained control over safety aspects of the site, failed to warn of known hazards, or interfered with safety measures. In some cases, property owners pressure contractors to work faster, leading to safety shortcuts.
Equipment Manufacturers: If defective equipment caused your accident—a crane with faulty cables, a scaffold that collapsed, or a power tool that malfunctioned—the manufacturer can be held liable through a product liability claim.
Architects and Engineers: Design professionals may be liable if their plans created inherent dangers or failed to account for safety requirements during construction.
Staffing Agencies: If you were hired through a temp agency or labor broker, that agency may share liability for inadequate training or placing you in unsafe conditions.
Texas law allows injured construction workers to pursue third-party claims against anyone except their direct employer. These claims are not limited by workers’ compensation caps and can include full damages for pain and suffering, lost earning capacity, and punitive damages in cases of gross negligence.
Kenny Perez Law investigates every potential defendant to maximize your recovery. We’ve recovered millions for construction workers by identifying all liable parties and fighting for full compensation.
Third-Party Construction Accident Claims in Texas
If you’re a construction worker injured on the job, you likely filed a workers’ compensation claim. Workers’ comp provides medical benefits and partial wage replacement, but it has significant limitations—it doesn’t cover pain and suffering, and wage replacement is capped at two-thirds of your average weekly wage.
What is a Third-Party Claim?
A third-party claim is a personal injury lawsuit against someone other than your employer. While Texas workers’ compensation law prevents you from suing your employer, you can sue other parties whose negligence contributed to your accident.
Benefits of Third-Party Claims:
Third-party claims allow you to recover damages that workers’ compensation doesn’t cover:
- Full Lost Wages: Recover 100% of your lost income, not just two-thirds
- Future Earning Capacity: Compensation for reduced ability to work in the future
- Pain and Suffering: Damages for physical pain and emotional distress
- Loss of Enjoyment of Life: Compensation for activities you can no longer do
- Punitive Damages: In cases of gross negligence or willful misconduct
Common Third-Party Scenarios:
You may have a third-party claim if:
- You were injured by equipment operated by a subcontractor’s employee
- Defective machinery or tools caused your injuries
- A property owner created unsafe conditions
- A delivery driver struck you on the job site
- An architect’s design created inherent dangers
Kenny Perez Law works with construction safety experts, engineers, and accident reconstruction specialists to build your third-party claim. We’ve handled cases where workers fell from improperly erected scaffolding, were struck by cranes operated by subcontractors, and suffered catastrophic injuries from defective equipment.
Workers’ Compensation and Third-Party Claims Work Together:
You can pursue both workers’ compensation and a third-party claim simultaneously. Your workers’ comp carrier may have a lien on your third-party recovery for medical expenses they paid, but an experienced attorney negotiates these liens to maximize what you keep from your settlement or verdict.
OSHA Violations and Your McAllen Construction Accident Case
The Occupational Safety and Health Administration (OSHA) sets federal workplace safety standards. Construction sites must comply with OSHA regulations covering fall protection, scaffolding, electrical safety, trenching, equipment operation, and hazardous materials.
Why OSHA Violations Matter:
OSHA violations are powerful evidence of negligence in your construction accident case. If OSHA cited the general contractor, subcontractor, or property owner for safety violations related to your accident, it demonstrates they knew or should have known about the hazard and failed to correct it.
Common OSHA Violations on McAllen Construction Sites:
- Fall Protection Failures: Missing guardrails, inadequate personal fall arrest systems, improper ladder use
- Scaffolding Violations: Scaffolds not erected by qualified persons, missing planking, unstable bases
- Electrical Hazards: Lack of ground-fault circuit interrupters (GFCIs), exposed wiring, failure to maintain clearance from power lines
- Trenching Violations: Unprotected trenches deeper than five feet, inadequate shoring, no competent person inspecting the site
- Equipment Safety: Lack of machine guards, improper lockout/tagout procedures, operating equipment without certification
How Kenny Perez Law Uses OSHA Evidence:
After a serious construction accident, OSHA typically investigates. We obtain OSHA inspection reports, citations, and findings to use in your case. OSHA violations can establish:
- The defendant had a duty to comply with safety regulations
- They breached that duty by violating OSHA standards
- Their violation caused your injuries
In cases involving willful or repeated OSHA violations, we pursue punitive damages to punish gross negligence and deter future misconduct.
Even if OSHA doesn’t investigate your accident, we work with safety experts who identify code violations and unsafe practices that caused your injuries. Our investigation often uncovers violations OSHA never saw.
Types of Construction Site Injuries We Handle
Construction accidents cause some of the most severe injuries seen in personal injury law. Kenny Perez Law has represented McAllen construction workers suffering from:
Traumatic Brain Injuries (TBI): Falls, falling objects, and equipment strikes can cause concussions, skull fractures, and permanent brain damage. TBI affects memory, cognition, personality, and physical function. Severe TBI may require lifetime care.
Spinal Cord Injuries: Falls from heights or being struck by heavy equipment can fracture vertebrae and damage the spinal cord, causing partial or complete paralysis. Paraplegia and quadriplegia require extensive medical treatment, home modifications, and attendant care.
Broken Bones and Fractures: Construction accidents frequently cause broken arms, legs, ribs, hips, and pelvises. Severe fractures may require multiple surgeries, hardware implantation, and lengthy rehabilitation. Compound fractures risk infection and amputation.
Amputations: Workers can lose fingers, hands, arms, feet, or legs when caught in machinery, struck by equipment, or injured by power tools. Amputations are permanently disabling and require prosthetics, occupational therapy, and psychological counseling.
Crush Injuries: Being struck by falling materials, caught between equipment, or trapped in a trench collapse causes crush injuries that damage muscles, nerves, and organs. Severe crush injuries can lead to compartment syndrome, kidney failure, and amputation.
Burns: Electrocutions, explosions, fires, and chemical exposures cause severe burns requiring skin grafts, reconstructive surgery, and years of treatment. Burn victims often suffer permanent scarring and disfigurement.
Internal Injuries: Blunt force trauma from falls or equipment strikes can cause internal bleeding, organ damage, and ruptured spleens or livers. Internal injuries may not be immediately apparent but can be life-threatening.
Wrongful Death: Construction accidents are among the leading causes of workplace deaths in Texas. When a construction worker dies on the job, their family may pursue both workers’ compensation death benefits and a wrongful death lawsuit against third parties.
If you suffered any serious injury on a McAllen construction site, Kenny Perez Law can help you pursue both workers’ compensation benefits and third-party claims to recover full compensation for your medical bills, lost income, pain, and suffering.
Texas Workers’ Compensation and Construction Accidents
Most Texas construction companies carry workers’ compensation insurance, though it’s not required by state law. If your employer subscribes to workers’ comp, you’re generally entitled to benefits regardless of who was at fault for your accident.
Workers’ Compensation Benefits:
- Medical Benefits: All necessary medical treatment related to your injury
- Temporary Income Benefits (TIBs): Up to two-thirds of your average weekly wage while you’re unable to work
- Impairment Income Benefits (IIBs): Compensation for permanent impairment after reaching maximum medical improvement
- Supplemental Income Benefits (SIBs): Additional benefits if you have a permanent impairment rating of 15% or greater and haven’t returned to work
- Death Benefits: Payments to surviving spouse and dependents if the accident was fatal
Limitations of Workers’ Compensation:
Workers’ comp doesn’t cover pain and suffering, full lost wages, or loss of enjoyment of life. Benefits are calculated based on formulas that often undervalue your losses. That’s why third-party claims are so important—they allow you to recover full compensation beyond workers’ comp limits.
What if Your Employer Doesn’t Have Workers’ Comp?
Many smaller construction companies in the Rio Grande Valley don’t carry workers’ compensation insurance. If your employer is a non-subscriber, you can sue them directly for negligence. Non-subscriber employers cannot use common law defenses like contributory negligence or assumption of risk, making these cases more favorable for injured workers.
Kenny Perez Law handles both workers’ compensation claims and third-party lawsuits to ensure you receive every dollar you’re owed after a construction accident.
Compensation You Can Recover After a McAllen Construction Accident
The compensation available depends on whether you’re pursuing a workers’ compensation claim, a third-party lawsuit, or both.
Economic Damages:
- Medical Expenses: Hospital bills, surgeries, rehabilitation, prescription medications, medical equipment, and future medical care
- Lost Wages: Income you’ve already lost due to time off work
- Lost Earning Capacity: Reduction in your ability to earn income in the future due to permanent disabilities
- Vocational Rehabilitation: Costs of retraining for a new occupation if you can’t return to construction work
Non-Economic Damages (Third-Party Claims Only):
- Pain and Suffering: Physical pain and discomfort from your injuries
- Mental Anguish: Anxiety, depression, PTSD, and emotional distress
- Loss of Enjoyment of Life: Inability to participate in activities you once enjoyed
- Disfigurement and Scarring: Permanent changes to your appearance
- Loss of Consortium: Impact on your relationship with your spouse
Punitive Damages (In Cases of Gross Negligence):
If the defendant’s conduct was willfully reckless or grossly negligent—such as knowingly ignoring serious safety hazards—Texas law allows punitive damages to punish the wrongdoer and deter similar conduct.
Construction accident cases often involve catastrophic injuries with lifetime consequences. Kenny Perez Law works with medical experts, economists, and life care planners to document the full extent of your damages and fight for maximum compensation.
Over our career, we’ve recovered more than $75 million for injured Texans. We know what construction accident cases are worth, and we don’t settle for less than full value.
Why You Need a McAllen Construction Accident Lawyer
Insurance companies and contractors have legal teams protecting their interests. You need someone fighting for yours.
Construction Accident Cases Are Complex:
These cases involve multiple defendants, insurance policies, workers’ compensation liens, OSHA regulations, and engineering questions. An experienced construction accident attorney investigates the site, preserves evidence, identifies all liable parties, and builds a case that maximizes your recovery.
Evidence Disappears Quickly:
Contractors often repair or alter accident sites within days. Equipment may be moved, scaffolding disassembled, and witnesses dispersed. We act immediately to preserve evidence, photograph the scene, obtain maintenance records, and secure witness statements before they’re lost.
Insurance Companies Minimize Your Claim:
General contractors’ insurance adjusters will try to blame you for the accident, claim you were contributorily negligent, or argue your injuries aren’t as severe as you claim. We’ve dealt with every major insurance company and know their tactics.
OSHA Findings Require Interpretation:
OSHA reports contain valuable information but require legal and technical knowledge to use effectively in court. We work with safety experts who translate OSHA findings into powerful evidence of negligence.
You Deserve Full Compensation:
Workers’ compensation alone rarely provides adequate compensation for catastrophic construction injuries. Third-party claims allow you to recover damages for pain and suffering, full lost wages, and future losses that workers’ comp doesn’t cover.
Kenny Perez Law has the resources, experience, and determination to take on general contractors, insurance companies, and equipment manufacturers. We’ve handled construction accident cases throughout the Rio Grande Valley and know how to win.
How Kenny Perez Law Investigates Your Construction Accident Case
We begin work immediately to build the strongest possible case.
Site Inspection and Documentation:
We visit the accident site as soon as possible to photograph conditions, identify hazards, and document evidence before it’s altered. We measure heights, inspect equipment, and assess compliance with safety regulations.
OSHA Records and Safety Violations:
We obtain all OSHA inspection reports, citations, and enforcement actions related to the site or the contractors involved. If OSHA hasn’t investigated, we work with safety experts to identify violations of OSHA standards.
Medical Record Review:
We collect all your medical records, imaging studies, and treatment plans. Our network of medical experts reviews your records to document the severity of your injuries and project future medical needs.
Witness Interviews:
We interview co-workers, supervisors, and other witnesses who saw the accident or can testify about site conditions and safety practices. Witness testimony often reveals safety violations and negligence that contractors try to hide.
Subpoena of Documents:
We subpoena contracts, safety manuals, training records, maintenance logs, and insurance policies to establish who was responsible for safety and whether they fulfilled their duties.
Expert Consultations:
We work with engineers, safety consultants, accident reconstruction specialists, and medical experts who provide opinions about what caused your accident and the value of your damages.
Identifying All Defendants:
We research the corporate structure of contractors, subcontractors, property owners, and equipment manufacturers to identify every party that may be liable for your injuries.
This thorough investigation allows us to negotiate from a position of strength and, if necessary, present a compelling case at trial.
Why Choose Kenny Perez Law for Your McAllen Construction Accident Case
$75+ Million Recovered for Injured Clients
Kenny Perez has recovered tens of millions of dollars for construction workers and their families throughout Texas. We know how to value catastrophic injury cases and fight for every dollar you’re owed.
300+ Five-Star Google Reviews
We’re the most-reviewed personal injury firm in the Rio Grande Valley because we treat clients like family, communicate regularly, and deliver results. Our clients’ satisfaction speaks for itself.
Local Knowledge and Roots
Kenny Perez was born and raised in the Rio Grande Valley. He knows McAllen’s construction sites, the contractors operating here, and the challenges facing injured workers in Hidalgo County. This isn’t just business—this is home.
Bilingual Representation
Our entire team speaks Spanish fluently. You’ll communicate in the language you’re most comfortable with, and we explain every step of the legal process clearly. Spanish-speaking construction workers receive the same level of attention and advocacy as everyone else.
We Handle Third-Party and Workers’ Comp Claims
We manage both your workers’ compensation claim and third-party lawsuit to ensure you receive maximum compensation. We coordinate benefits, negotiate liens, and fight for full damages beyond workers’ comp limits.
No Fee Unless We Win
You pay nothing upfront and owe us nothing unless we recover compensation for you. Our contingency fee structure means we only get paid when you do.
Trial Experience
While many cases settle, insurance companies and contractors know we’re willing and able to take cases to trial. Our trial experience gives us leverage in negotiations and ensures you’re never pressured to accept an unfair settlement.
