When your loved one has died due to a work-related cause, it’s vital to take action right away. Although you are likely overwhelmed with grief, by speaking with an attorney as soon as possible, you can understand how to best seek justice for your loved one. You should gather as much information as you can and share that during your initial consultation.
Many companies will try to avoid admitting fault in relation to the death, meaning you may have a fight on your hands to recover the compensation your family deserves. While no amount of money can replace your loved one’s presence in your life, you have the right to seek compensation from those who caused or contributed to the loss. Facing an uncertain financial future without their support and income could be devastating to your family. A capable wrongful death attorney will make every effort to secure the maximum settlement so you can adjust to life without your family members.
Circumstances Giving Rise to Wrongful Death Liability
Generally, liability for damages from an injury that causes death arises if the injury was caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person. If such circumstances are alleged as causing or contributing to a workplace fatality, the right to file a wrongful death lawsuit may arise.
When an employee suffers a work-related injury and then dies, the circumstances leading up to the accident or event will determine whether a wrongful death claim is appropriate. An investigation into the actions of an employer or others may demonstrate conduct justifying a wrongful death claim.
Employer Liability for Workplace Injuries and Deaths in Texas
Employers in Texas are required by law to take all reasonable measures necessary to ensure a safe workplace for employees. Employers are also responsible for injuries that occur to employees while on the job. Texas employers may choose whether to cover the exposure for employee injuries with insurance or leave themselves exposed to lawsuits by employees.
When employers use insurance to cover employee injuries, they typically limit their liability exposure for an employee’s death to the benefits payable by the insurance company. However, when an employee dies due to the intentional or grossly negligent conduct of an employer, a wrongful death lawsuit may be filed in addition to the insurance claim.
A wrongful death lawsuit may also be filed against the employer of a deceased worker who has chosen to self-insure the exposure for employee injuries. Employers who are not insured through the state-approved system may be required to compensate for more losses without any limit on the amount of damages.
Third-Party Liability for Workplace Injuries and Death
In many types of employment situations, workers are exposed to hazards that are not the responsibility of their employer. A delivery driving employee may get into a car accident caused by a random motorist. A construction worker’s fatal accident may be caused by equipment that failed due to faulty manufacturing.
When an employee is killed in a work-related accident due to the wrongful act of someone other than their employer, a wrongful death lawsuit may be filed against the responsible third party. A third-party wrongful death claim may be in addition to a wrongful death claim against an employer.
The Beneficiaries May Change When a Work Injury Becomes a Wrongful Death Claim
When a worker suffers a work-related injury, that worker has the right to be compensated for the medical treatment needed and the wages lost due to the injury. If the worker is unable to recover from the injuries and dies, a second claim arises to benefit the family of the deceased worker.
In Texas, a personal injury claim and a wrongful death claim are two separate legal causes of action.
A worker who was injured and lived for some time before succumbing to the injuries has a right to bring a personal injury claim that survives their death. The claim is typically brought by the executor and benefits the heirs, legal representatives, and estate of the deceased worker.
After the worker dies, if the circumstances are appropriate, the decedent’s surviving spouse, children, and parents have the right to file and benefit from a wrongful death lawsuit. The beneficiaries of a wrongful death lawsuit primarily collect compensation for their losses rather than for the losses experienced by the injured worker.
Types of Damages Recoverable in a Wrongful Death Claim
When the spouse, children, and parents of a deceased worker bring a wrongful death claim, they are entitled to collect compensation for the lost financial contributions, including an expected inheritance, as well as for the lost services, advice, companionship, and support of their departed family member. They are also entitled to compensation for funeral expenses.
In some cases, extra amounts known as exemplary or punitive damages may be appropriate. Exemplary damages are intended to punish particularly awful conduct. When the conduct causing a worker’s injury is found to be intentional or grossly negligent, not only can a wrongful death claim be brought against any employer, but exemplary damages can be awarded in addition to the damages given to a family as compensation.
Seeking Compensation After a Wrongful Death at Work
According to Texas Statutes section 71.001, if someone causes the death of another person by means of a “wrongful act, neglect, carelessness, unskillfulness, or default,” they can be sued for wrongful death. In some situations, the person may die right away, or they may linger for some time before passing away. If the injured person filed a personal injury lawsuit against the at-fault parties before they died, the surviving family members would have the right to convert it to a wrongful death claim.
Wrongful death lawsuits allow the family to recover all the expenses their loved one amassed prior to their death, including medical bills, treatment costs, and lost income. In addition, the family’s workplace accident lawyer can guide them in recovering other damages, such as:
- Emotional distress
- Funeral costs
- Grief, shock, depression, and fear over the death
- Transportation, cremation, and burial of the deceased’s remains
- Loss of companionship for family members
- Loss of consortium for the surviving spouse or domestic partner
- Loss of financial support from the deceased
- Loss of guidance, comfort, and support for children
- Loss of household services previously performed by the deceased
- Loss of inheritance
- Mental anguish
Some of these damages are economic, with a specific price, while others are non-economic and address the emotional toll of a wrongful death. Texas allows surviving spouses, parents, and children to file wrongful death claims, either individually or as a group, within three months of the death. After that time, the executor of the lost loved one’s estate must file the claim.
Where to Get Help after Losing a Loved One in a Workplace Accident
Losing a loved one in a work-related accident is heartbreaking to the surviving family and can be financially devastating as well. Holding responsible parties accountable and compensating hurting families so they can begin to rebuild their lives is the best the law can do to redress such a catastrophic loss.
At Farah Law, our compassionate wrongful death lawyers represent families who have lost a family member due to a workplace injury or other wrongful cause of death. We understand that there is no way to truly make up for the life that has been lost, so we are committed to using our extensive skills and experience to obtain every available legal remedy for our clients.
