Losing a loved one to a fatal workplace injury or job-related illness is a terrible tragedy for any family. The loss is even worse if the cause was a wrongful act or negligence on the part of a coworker or employer.
State law allows spouses and immediate family to file a wrongful death claim if a loved one dies due to another person’s carelessness or negligence. This law differs slightly if the death occurred in the workplace. Whether or not the employer carried workers’ compensation insurance makes a difference in a wrongful death claim. In this complex environment, you need a skilled workplace injury attorney. A Houston fatal workplace injury lawyer from Williams Hart & Boundas can review your claim and ensure you receive maximum compensation.
Who May File a Wrongful Death Claim?
Texas Civil Practice & Remedies Code § 71.004 allows spouses, parents, and children of a decedent (the deceased individual) to file a wrongful death claim for their own losses. If the family does not file a claim within three months of the event, the decedent’s executor may file on behalf of the decedent or the estate.
When you file a wrongful death claim with our Houston attorneys, you are not filing for your loved one’s workplace-related death or injuries; you are filing for your own losses. You and your family may be able to recover:
- Medical costs
- Funeral expenses
- Household financial losses
- Lost consortium or companionship
- Damages related to emotional trauma, pain, and suffering
You are not allowed to sue for the decedent’s own pain and suffering or other non-monetary losses.
Workers’ Compensation Insurance and Wrongful Death Lawsuits
Texas is the only state that does not require an employer to carry workers’ compensation insurance. Your lawsuit may depend on whether or not your loved one’s employer had coverage.
Your Employer Opted Out of the System
If the employer opted out of the workers’ compensation system, you and your lawyer have a lower burden of proof in a wrongful death claim. The standard in these cases is to show simple negligence, i.e., the employer failed to provide a reasonably safe workplace.
Your Employer Has Workers’ Compensation
If the employer did have workers’ compensation, you and your lawyer must show gross negligence. When a worker accepts workers’ compensation, they waive the right to legal action. To overcome this, claimants must show there was an extreme risk to worker safety that the company was aware of but failed to address.
A Third-Party Was Involved
Another possible avenue for legal action in the case of an employer carrying workers’ compensation insurance is the presence of a third party. If an outside contractor or vendor caused the fatal event, you may have a cause of action against them.
If your case involves any type of wrongful death suit in Houston, this complex legal environment is the reason you need help from an experienced fatal workplace injury lawyer from our firm.
Call a Fatal Workplace Injury Lawyer in Houston for Help
Losing a loved one can leave you with more questions than answers at a time when you do not have the energy to cope with legal issues. At Williams Hart & Boundas, we are here to help you get through this difficult time. If an employer’s negligence or carelessness caused the death of someone in your family, we want you to get the compensation you need to recover from your loss.
No amount of money can ever compensate for the loss of your loved one, but it can help you pay the bills, recover from the shock, and get back to your life. Call us today to speak with a Houston fatal workplace injury lawyer about your case.