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 or injure workers. It is estimated that over 7,000 workers per year are killed in work related accidents. This estimate does not include undocumented workers and many workers killed by toxic exposures. When you are seriously injured at work or a loved one is killed at work, it is important to understand Texas law regarding work place accident claims. The potential claims that a person or a family of a person killed vary greatly depending on the circumstances. Further, each work place accident should be properly investigated to determine who is responsible and how to prevent similar accidents in the future.
Many serious injury and fatal accidents occur in the work place. More specifically, many Texas workers perform dangerous jobs and face many unnecessary hazards. More specifically, the Texas construction industry and Texas oil industry hav an extremely high numbers of workers who are seriously and fatally injured. Common injuries and fatalities are caused by improper safety procedures, lack of training, overworked employees, defective equipment, improper maintenance, and negligent hiring or supervision. For more information on this topic please go to the following Texas law web information pages: Texas Fatal Work Place Accident Claims, Texas Oil Truck Accident and Oil Field Accident Claims, Texas Trench, Excavator, and Backhoe Accident Claims, and Texas Fatal Construction Accident Claims.
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 work place accident claims can generally be divided into workers compensation claims, non-subscriber claims, or third party claims. It is often a good idea to have a Texas Work Place Accident Lawyer review a serious injury or fatal work place accident to determent what types of compensation may be available to the injured worker or the family of a deceased worker.
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.
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
Texas Work Place Accident Lawyers handle wrongful death claims and other claims. They commonly assist the families of those wrongfully killed or injured assert their rights after an accident. Whether a person is seriously or 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.