Many serious injuries and fatal accidents occur in the work place. The construction industry has an extremely high number of serious and fatal accidents. Whether a crane is being used incorrectly, electrical wires are not properly installed, or construction supplies fall from hire levels, construction site accidents are common. Sadly, many plumbers, carpenters, electricians, HVAC experts, helpers, and other tradesmen are accidentally killed or seriously by the wrongful or negligent action of other workers or large construction companies every year. Fortunately, under Texas Law in many circumstances, the injured worker or victim's surviving spouse, children (minor or adult), parents, and heirs may be entitled to compensation for the injury or death. These construction accident claims can be workers compensation claims, non-subscriber claims, or third party claims and it is often a good idea to have a Texas Construction Lawyer review the potential claim to determent what types of compensation may be available to the injured worker. This directory includes Texas construction accident lawyers including Texas Construction Accident Lawyer Jason Coomer and Texas construction accident lawyer Tom Crosley. For more information on these or other Texas construction accident lawyers, follow the links or submit an inquiry.
Work Place Death Claims
Work places can be extremely dangerous. Falling objects, dangerous machinery, serious falls, electrocutions, explosions, toxic exposure, drunk drivers, hidden traps, and several other dangerous conditions can kill workers. It is estimated that over 6,800 workers per year are killed in on the job work related accidents. This does not include undocumented workers and many workers killed by toxic exposures.
Problems with OSHA Limits Work Place Safety and Protection of Workers
Since the creation of OSHA (Occupational Safety and Health Administration) in 1970, the number of work place deaths and serious injuries have decreased. However, the current administration has put safety on the back burner and has actually started blaming workers instead of employers for on the job deaths. They have changed how work place deaths are tabulated and have allowed work places all over the United States to become more dangerous. They also do very limited investigations after a death compared to the OSHA of the past.
Under the guise of limiting red tape and regulations, OSHA no longer protects workers and ensures that work places are safe as they have under past administrations. As such, it has fallen on work place accidental death lawyers and the families of those wrongfully killed, to investigate work place accidents and employer negligence that have killed employees.
Workers Comp, Responsible Third Party, and Nonsubscriber Claims
In Texas, some work related deaths fall under Texas workers compensation laws. In such instances, workers comp benefits are given to the dependants of the decedent and then the family of the decedent is prevented from filing a law suit against the employer. However, in these instances it is always a good idea to look for potential responsible third parties including making sure that the employer is actually the one paying the person's pay check and controlling the work place. In many situations an independent contractor, subcontractor, or other responsible third party may be responsible for the death of a worker. In these situations a law suit can be filed against the responsible third party to obtain money compensation from the responsible third party. If the employer does not have worker compensation insurance, the family of the worker can file suit directly against the employer for an accidental death of a loved one. These claims are called non-subscriber claims.
The loss of a loved one that is a main contributor of financial support to your family can be devastating. This loss can cause a ripple affect of other damages that can result in the loss of a home, loss of vehicles, loss of ability to go to college, and other serious financial problems.
As such, it can be important to thoroughly investigate the death of any loved one and understand all potential sources of compensation that can be obtained through the legal system and insurance. Under Texas law there are two types of death actions, there is the wrongful death claim that is available to the spouse, parents, and children of a person that has been wrongfully killed by the negligent actions of another. There is also a survival action that passes through the decedent's estate. In addition to these causes of action under Texas law, there are also life insurance, accidental death insurance, and other forms of insurance that should be investigated.
Losing any loved one is difficult. This is especially true if the loved one is killed by the carelessness, conscious disregard, or negligence of a careless employer or employee. If you think you may have an wrongful death claim and need a Texas Construction Accident Lawyer to investigate an accidental death claim or injury claim, submit an inquiry or follow the links on this website.
Whether a person is accidentally killed by a
hazardous defect or the carelessness of another, individuals often need
assistance in dealing with and seeking just compensation from insurance
companies and large corporations. Corporations that carelessly kill a
person will all too often spend a lot of money fighting the claim
instead of compensating the family for the loss and fixing the problem.
Unfortunately, insurance companies are often the same way. Having an
experienced wrongful death attorney on your side can force large
corporations and insurance companies to do the right thing and value
life and safety above profits.
Texas Accidental Death Claims
In Texas, a person?s wrongful death caused by another's negligence, gross negligence, or intentional act allows for both wrongful death and survival damages. The estate of the deceased can recover:
Pain and suffering of the decedent prior to death
Expenses for medical care prior to death
Funeral and burial expenses
The spouse, children, and parents of the deceased can recover:
Compensation for the loss of companionship, affection, love and moral support their family member would have provided
Loss of service of the family member
Loss of support or financial contributions from the family member
Wrongful death claims typically arise due to personal
injury accidents, on the job accidents, automobile collisions, truck
accidents, construction accidents, asbestosis exposure, residential and
hotel fires, toxic exposure, defective products, explosions, product
liability, defective drug and medical devices, and medical malpractice.
Due to the nature of wrongful death cases, a prompt and full
investigation of the incident and preservation of the evidence is
crucial. Time is of the essence.
And though often the last thing grieving family members want to do after the loss of a loved one is fight with an insurance company or investigate the incident causing the death, it is important to act quickly to make sure that the evidence surrounding the incident does not disappear. Often a Texas attorney can assist with the initial investigation of events surrounding the incident.
Texas Lawyers handling wrongful death claims and
accidental death claims assist the families of those wrongfully killed
assert their rights after an accident. Whether a person is fatally
injured by a hazardous defect or the negligence of another, their
families often need assistance in dealing with and seeking just
compensation from insurance companies and large corporations.