Drug Testing After Construction Accidents in Arlington

Written by Geoffrey Dashner. Read more about the author.

Construction work in Texas carries real risk. The Bureau of Labor Statistics consistently ranks construction among the most dangerous industries in the country, and North Texas is no exception. With major commercial and residential development continuing across Tarrant County in 2026, construction sites in Arlington see their share of serious injuries every year. When one of those accidents happens, one of the first questions workers ask me is whether they can be drug tested — and what happens if they are. The answer matters more than most people realize, because the result can directly affect your ability to recover workers’ compensation benefits or pursue a personal injury claim.

At Dashner Law Firm | Arlington Injury & Accident Attorney, I’ve worked with construction workers across Texas who were blindsided by post-accident drug testing procedures they didn’t understand. This post breaks down what Texas law actually says, what you should do immediately after a construction accident, how to file a claim, and what compensation you may be entitled to.

Should Construction Workers Be Drug Tested After an Accident in Texas in Arlington?

Yes — and in many cases, it will happen whether you agree or not. Texas law does not prohibit employers from requiring post-accident drug or alcohol testing, and most large general contractors in Arlington include mandatory testing in their safety policies. Under Texas Labor Code Chapter 406 and the Texas Workers’ Compensation Act, an employer or their insurance carrier can use a positive drug test result as grounds to deny workers’ compensation benefits, but only if they can establish that the intoxication was a “producing cause” of the accident.

That distinction is important. A positive test alone does not automatically disqualify you from benefits. The employer still has to show that being impaired contributed to the accident — not just that a controlled substance was present in your system. THC, for example, can remain detectable in urine for 30 days or more after use, long after any psychoactive effect has worn off. A failed drug test taken three days after a crane collapse caused by faulty rigging does not prove you were impaired when the rigging failed.

That said, a positive result creates a presumption under Texas law that the worker was intoxicated at the time of the accident. That presumption shifts the burden back to you to rebut it with evidence. This is exactly the situation where having a Texas construction accident lawyer in your corner from the very beginning matters. I’ve seen carriers use a borderline positive result to deny a claim outright, forcing injured workers to fight through a lengthy dispute process while their medical bills pile up.

Refusing to submit to the test is also risky. Many employer policies treat a refusal the same as a positive result, which can result in termination and benefit denial. My general advice: comply with the test, say as little as possible about the accident to the employer’s safety officer, and call an attorney before you give any recorded statement.

What Are the Most Common Construction Accidents in Texas?

According to the CDC, falls remain the leading cause of fatal injuries on construction sites nationally. In Texas, the data follows the same pattern, but with some additional hazards driven by the state’s climate and the scale of its projects.

Falls from scaffolding, ladders, and roof edges are the most frequent serious incidents I handle. A scaffold platform that wasn’t properly planked, a ladder without proper foot stabilization, a skylight that wasn’t guarded — these are all fact patterns I’ve seen repeatedly. Falls often produce traumatic brain injuries, spinal damage, and fractured bones that require months of recovery and sometimes permanent accommodations.

Struck-by accidents come second. Workers get hit by swinging crane loads, by vehicles on active job sites, by falling tools or materials from upper levels. These incidents often happen in the span of a second and leave workers with no ability to brace for impact.

Electrocutions are a consistent hazard, particularly on commercial jobs where electrical systems are live before the structure is complete. Caught-in or caught-between accidents — where a worker gets pinned by heavy equipment or compressed between materials — round out what OSHA calls the “Fatal Four” in construction.

Beyond the Fatal Four, I also see a significant number of cases involving chemical exposure, including asbestos on demolition sites. If you’ve had long-term exposure on older structures in the Dallas–Fort Worth area, our Texas mesothelioma attorneys handle those cases separately from standard construction injury claims.

What Causes Construction Accidents in Texas?

Most of the accidents I’ve reviewed come down to one or more of these root problems: inadequate training, ignored OSHA standards, equipment that wasn’t maintained or inspected, and schedule pressure that pushes supervisors to cut corners on safety.

Texas has a high volume of concurrent construction projects, and the subcontractor model means that safety responsibility gets diffused across multiple parties. A general contractor hires a framing subcontractor who brings in day laborers from a staffing agency — and nobody takes clear ownership of who trained those workers on fall protection. That confusion is where injuries happen.

Weather is also a real factor here. Working on exposed steel in 104-degree heat leads to heat stroke. Afternoon thunderstorms that roll through Tarrant County can turn scaffolding into a lightning hazard with almost no warning. I’ve handled cases where neither the general contractor nor the sub had a heat illness prevention plan in place, which is a direct OSHA violation under the General Duty Clause.

Defective equipment causes a meaningful percentage of accidents too. A harness that snaps under load, a scaffolding bracket that wasn’t rated for the weight placed on it, a trenching box that failed during an excavation — these are product liability cases, not just workers’ compensation claims, and they open up recovery against the manufacturer in addition to the employer.

FindLaw and Justia both publish resources on third-party construction injury claims that can help workers understand when their case involves more than one legal theory.

What to Do After a Construction Accident at Work in Texas?

The first hour after an accident shapes everything that comes after it. Here’s what I tell every client who calls me in the immediate aftermath.

Get medical attention first, even if you feel like you can walk it off. Adrenaline masks pain. A shoulder injury that feels like a bruise at 2 PM can present as a torn rotator cuff on an MRI the next morning. Go to an emergency room or urgent care, tell them exactly what happened, and make sure the cause is documented as a workplace accident.

Report the accident to your supervisor in writing the same day if at all possible. Texas workers’ compensation law requires you to notify your employer within 30 days of the injury. Missing that window can jeopardize your claim. A text message with a timestamp works as notice in a pinch — don’t rely on a verbal conversation that can later be disputed.

Photograph the scene before anything is moved. Take pictures of the hazard that caused the accident, your injuries, the equipment involved, and any missing safety signage or barriers. If coworkers witnessed the accident, get their names and phone numbers before you leave the site.

Do not give a recorded statement to the employer’s insurance company without speaking to a construction accident attorney first. Insurance adjusters are trained to gather information that can be used to minimize your claim. The question “Can you describe what happened?” sounds neutral. The answer you give can be used against you.

What Are the Steps to File a Claim After a Construction Accident in Texas?

Texas is the only state where workers’ compensation insurance is optional for private employers. That means the process for recovering compensation depends entirely on whether your employer carries coverage.

If your employer is a workers’ compensation subscriber, you file a claim with the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) within one year of the injury. The employer’s carrier then has 15 days to begin the dispute or acceptance process. Workers’ comp in Texas covers medical expenses and a portion of lost wages, but it does not compensate for pain and suffering.

If your employer is a non-subscriber — and a significant number of Texas construction employers are — you have the right to sue them in civil court. Non-subscriber employers lose several defenses available to subscribers, which can make these cases substantially stronger for the injured worker. You may be entitled to full damages, including pain and suffering, loss of future earning capacity, and emotional distress.

Even if your employer carries workers’ comp, you may have additional claims against third parties: the general contractor if you work for a sub, a property owner, an equipment manufacturer, or even another subcontractor whose crew created the hazard. These third-party claims run through the civil courts and are not limited by workers’ comp caps.

The American Bar Association maintains resources on workers’ rights that can help you understand the difference between these two tracks. Cornell Law School’s Legal Information Institute also provides detailed analysis of third-party construction injury claims.

Working with an experienced Texas construction accident lawsuit attorney matters at this stage because you can inadvertently waive rights or miss filing deadlines. The statute of limitations for personal injury in Texas is generally two years from the date of injury — but certain claims against government entities require notice within six months.

How to Get Reimbursed for Medical Expenses After a Construction Accident in Texas?

This is where I see injured workers get frustrated most often. They assume that because they were hurt at work, someone will automatically pay their bills. The reality is more complicated.

Under workers’ compensation, medical benefits cover all “reasonable and necessary” medical treatment related to the injury — doctor visits, surgery, physical therapy, prescription medication, and assistive devices — without any out-of-pocket cost to the worker. But the carrier controls which providers you see. If you go outside the network without approval, you can end up responsible for those bills yourself.

In a personal injury case against a non-subscriber or a third party, you can recover all past medical expenses and projected future medical costs. I work with medical experts who can testify to the long-term cost of an injury — particularly for traumatic brain injuries or spinal cord injuries that require ongoing care. Those numbers can be substantial. A worker who needs spinal fusion surgery plus two years of physical therapy is looking at costs well into the six figures.

One practical issue: if you don’t have health insurance and you’re waiting for a claim to resolve, you may struggle to get treatment. Some providers will treat on a medical lien, meaning they defer payment until your case settles. We help our clients access that type of care regularly. If you’re in Arlington and facing that situation, contact us early — we can often connect clients with providers who will work on a lien basis.

Medical documentation is the foundation of any construction injury claim. Keep every explanation of benefits, every bill, every prescription receipt. Note every appointment you miss for work because of recovery. That paper trail directly supports the damages calculation in your case. WebMD and the Mayo Clinic both have patient resources that can help you understand your diagnosis and communicate it accurately to your legal team.

Why You Need a Construction Accident Attorney in Texas?

I’ve seen what happens when an injured worker tries to handle a construction claim alone. The employer’s carrier assigns an adjuster who has handled thousands of cases. That adjuster’s job is to close the file for as little money as possible. Without someone in your corner who knows how to value a claim, document liability, and push back on lowball offers, you will almost certainly recover less than you’re entitled to.

Our team at Dashner Law Firm has handled construction injury cases across Texas — falls, electrocutions, struck-by incidents, chemical exposures, and equipment failures. We work on contingency, meaning you pay nothing unless we recover money for you. You can see what our clients say about the results we’ve achieved.

Construction accident law in Texas involves overlapping systems: OSHA regulations, the Texas Workers’ Compensation Act, tort law, and product liability statutes. A serious construction accident attorney in Texas understands how those systems interact and how to build a case that accounts for all of them.

Talk to a Construction Accident Lawyer in Arlington Today

If you or someone you know was injured on a construction site in Arlington or anywhere in Texas, don’t wait to get legal advice. The steps you take in the first 72 hours after an accident affect the outcome of your case more than almost anything else.

Dashner Law Firm | Arlington Injury & Accident Attorney offers free consultations to injured construction workers throughout Texas. We handle cases in Arlington and the surrounding Tarrant County area, and we serve clients statewide.

Call us at (817) 203-8018 or schedule a consultation online. You can also visit our office at 4275 Little Rd # 205, Arlington, TX 76016. We’re available to talk through your situation and tell you honestly what your options are — at no cost to you.