What to Do After a Construction Accident in Midland: Immediate Steps 

More than 3.9 million barrels of oil are produced daily in Midland, Texas, which is part of the Permian Basin and accounts for 14% of the United States' total oil production. This economic engine has driven construction, as well as the development of rigs, pipelines, and infrastructure, all of which are considered some of the most hazardous workplaces in Texas. The reported number of workers killed at work in Texas by 2024 was 58, with the greater portion being construction-related deaths, and at least some believed to have happened in Midland. Midland also accounted for 32% of severely injured, worker-involved accidents in Texas. The Occupational Safety and Health Administration (OSHA) located and issued Permian operators 316 citations and $1.4 million in penalties in total from various publicly reported individual operators for violations of safety regulations during the course of work, including but not limited to breaches of falling protection and failing to maintain adequate equipment, which contributed to deaths and severe injuries. The effect of the reported OSHA citations on Permian operators emphasized the dangers to which workers are subjected in Midland.


Accidentally injuring workers is common, but when the accident happens in the construction industry, it will often require seeking the best physicians, maintaining and preserving evidence, and asserting your individual rights as an injured worker when you are in a state like Texas that does not mandate participation in its workers' compensation system. At A2X Law, our nationwide team specializes in catastrophic injury and personal injury cases, guiding Midland workers to achieve full recovery for medical costs, lost wages, and pain and suffering. 


Why Immediate Action Is Essential 

Construction accidents in Midland, whether they are caused by falling from scaffolds, being injured by equipment crushing, or electrocution, will frequently cause life-changing injuries such as fractures, spinal injuries, and sometimes death. Medical expenses for serious injuries are often over $500,000. In this oil-driven state, it can also take months to receive medical treatment due to limited access to specialists in the area. Furthermore, due to Texas's unique opt-out workers' compensation program, many employers provide inadequate benefits by providing minimum amounts of medical expenses coverage and wages. As a result, the injured employee may take legal action by filing a third-party claim against the contractors, subcontractors, or equipment manufacturers for compensation related to their work-related injuries resulting from their negligence. Since personal injury claims have a 2-year statute of limitations, and you have to report the injury to OSHA within a specified amount of time, you must act quickly to preserve evidence and develop a case. In the high-pressure workplaces of the Permian, with their generally understaffed investigations and chaotic work sites, this timely action could mean the difference between recovery and no recovery at all.  


Step-by-Step Guide: What to Do After a Construction Accident 

In Midland’s complex legal system, take these five crucial steps to protect your health, report the accident, and secure the maximum possible compensation:


1. Seek Immediate Medical Care 

  • Why It Matters: Receiving prompt medical treatment not only makes the injury less likely to worsen (especially with internal bleeding, concussions, or compound fractures), but it also creates a medical record that will associate your injury with the accident and will prove invaluable to your claims. With Midland’s oil boom complicating things, treatment in local hospitals (especially ERs) can take too long, leading to unnecessary expenses and complications associated with delaying treatment altogether.  
  • Action: Visit an emergency room or urgent care immediately, even if injuries seem minor, as symptoms like head trauma may emerge later. Follow up with specialists for conditions like burns or spinal injuries, which account for 60% of oil-related construction injuries. Keep all medical receipts, bills, and diagnostic reports to document expenses, which can exceed $500,000 for severe cases. 


2. Report the Accident to OSHA and Your Employer 

  • Why It Matters: OSHA mandates employers to report an injury, hospitalization, amputation, or death within 24 hours of its occurrence. A timely report can initiate an investigation that reveals safety violations, such as the absence of guardrails or a defective crane, to support your claim. The 2024 OSHA 316 Permian citations report found failures in fall protection in 37% of construction deaths and failures in hazard communication.  
  • Action: Contact your supervisor in writing as soon as possible, indicating the date and time of the event, the location of the occurrence, and the cause of the event (e.g., scaffolding collapse, machinery malfunction). In addition, file a report online at www.osha.gov, or contact OSHA at 1-800-321-OSHA if your employer fails to report, tries to delay in reporting the event, or diminishes the seriousness of the event.  


3. Document the Scene and Incident Thoroughly 

  • Why It Matters: Detailed evidence counters defenses under Texas’s modified comparative fault rule, which bars recovery if you’re 51% or more at fault. In Midland’s fast-paced construction sites, where debris and equipment are common, photos and logs are critical to prove negligence before evidence is cleared or lost. 
  • Action: Use your phone to take clear pictures of hazards (e.g., unsecured scaffolding, exposed wires), your injuries, and the surrounding scene. Collect contact information from witnesses, such as coworkers or passersby. Secure any available equipment logs, maintenance records, or safety reports that indicate violations, as these are key in 25% of injury cases tied to defective machinery. 


4. Notify Insurance but Avoid Early Statements 

  • Why It Matters: Texas’s non-mandatory workers’ comp system allows employers to opt out, offering plans that often limit benefits to partial wages and basic medical coverage. Insurers may push quick, lowball settlements or shift blame to reduce payouts, especially in multi-party oilfield cases involving contractors and suppliers. 
  • Action: Inform your employer’s insurance provider of the accident, but refrain from giving recorded statements without legal advice, as they can be twisted to inflate your fault percentage. To learn about coverage limits, which might not be adequate for construction injuries that result in an average of $80,000 in lost pay per year, ask for a copy of the employer's insurance policy.  


5. Pursue Third-Party Claims for Full Recovery 

  • Why It Matters: Third-party claims against negligent parties, such as contractors, subcontractors, or equipment manufacturers, can bypass workers' compensation limits, allowing recovery for pain and suffering, as well as uncapped non-economic damages. The Texas Oilfield Anti-Indemnity Act prevents companies from dodging liability, enabling claims against multiple parties. 32% of Texas's severe injury cases in 2024 involved construction, frequently involving third-party carelessness.  
  • Action: To strengthen your case, collect proof of carelessness, such as OSHA penalties or maintenance errors. To receive the most money for medical expenses, lost wages, and long-term effects, file a personal injury claim within Texas's two-year statute of limitations, focusing on all responsible parties (such as site operators for dangerous conditions or suppliers for defective equipment).  


Devastating Injuries and Economic Impact 

Construction accidents in Midland, Texas, can lead to catastrophic injuries, amputations, burns, and spinal injuries that change the lives of those injured, as well as their families. In fact, of all injuries in 2024, construction was responsible for 32%, including severe injuries. At the same time, the average cost for medical care/pain, and suffering for the injured worker could exceed $500,000. In addition, healing from injuries sustained in a construction accident can be a lengthy process, due to the limited number of specialists in the area, which puts a strain on the injured worker, their family, and/or the individual providing care to the wounded victim. Expected wages before your injury in the area of construction and oil were around $80,000 a year, with workers' compensation often covering a fraction of expected wages. Third-party claims for damages, negligence, and other related issues should be considered to make the injured party whole, mainly when OSHA violations may have contributed to the injuries. OSHA violations were responsible for 37% of all deaths from a fall. 


A2X Law: Your Advocate for Construction Accident Recovery 

At A2X Law, our mission is to provide Midland construction workers injured in workplace accidents the ability to level the playing field and fight for accountability against those responsible. Our staff navigates the complexities of Texas's intricate workers' compensation opt-out system and multi-party oilfield liability, utilizing OSHA reports, worksite equipment logs, and expert witness testimony to establish negligence. We fight for maximum compensation, covering medical expenses, lost income, and pain, ensuring you and your family aren’t shortchanged by insurers or employers in the wake of a life-changing injury.