Death in the Workplace
A loved one dying at work is no doubt a painful reality for anyone to accept; and typically, itâ€™s understandable why one would elect to litigate. However, itâ€™s important to know the parameters of your rights.
Whether or not you can file suit against your loved oneâ€™s workplace largely depends on the circumstances under which the death occurred â€“ which makes immediately consulting with experienced legal counsel all the more pressing.
For quick facts regarding injury and death in the workplace, some brief information follows:
Under the Texas' Workmenâ€™s Compensation Act, injuries incurred by an employee who elects to take workmenâ€™s compensation cannot be sued over. They may, however, sue for damages under common law. For reference, see Texas Worker's Compensation Commission v. Garcia, 893 S.W.2d 504 (1994).
If the employee was left incapacitated, comatose, or with another condition that could reasonably become fatal, his/her dependents should contact an attorney to determine whether these conditions constitute â€śinjury.â€ť
Death in the workplace is an entirely different matter. If an employeeâ€™s death is proven to be caused by third party negligence (for example, negligence of the employer), Texas' workmenâ€™s compensation statute allows the employeeâ€™s dependents to pursue a wrongful death suit against the third party â€“ regardless of whether the decedent elected for workmenâ€™s compensation through his employer. For reference, see Texas Lab. Code Â§ 417.001.
Examining the details independently can be a frustrating consumption of your time â€“ and in the case of any wrongful death suit, time is of the essence. Allow us to partner with you in your quest for a just outcome on behalf of your loved one. Contact our Texas law firm for a free legal consultation on workplace death claims.
In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call The Law Offices of Regis Mullen & Shane Mullen, Inc. now at (214) 747-5240 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM.
The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts
and circumstances of a particular, specific case and the relevant law.