Texas Wrongful Death Claims After a Workplace Accident | Top Attorneys Can Help Your Family

A workplace accident that takes the life of a loved one is undeniably devastating. The financial impact is also immediate, from the funeral expenses to the long-term loss of a loved one’s income and support. In Texas, surviving family members may have legal options if another person, company, or entity contributed to a fatal accident at work. Speaking with a skilled Carabin Shaw attorney can help you understand whether you have grounds for a work accident wrongful death claim.

Call Caraibin Shaw at 1-800-862-1260 or contact our law firm online to schedule your free case review as soon as possible to explore your legal options. You pay nothing unless we win your case, so you can pursue the compensation you deserve without adding to your financial burden.

A workplace death may also be a wrongful death claim when another party’s wrongful act, negligence, or other questionable conduct causes a fatal accident. The circumstances surrounding the accident should be examined by a lawyer to determine whether another party’s negligence or wrongful conduct played a role.

In Texas, certain surviving family members may bring a wrongful death claim when a person’s death at work results from another party’s wrongful act, neglect, carelessness, unskillfulness, or default. The law allows for surviving spouses, children, and parents among those who may have rights to pursue a Texas wrongful death lawsuit.

Workers’ comp can provide benefits to surviving family members after a work-related death, but that does not necessarily prevent them from pursuing a wrongful death claim against a responsible third party. For example, if someone is killed at work by another driver’s negligence or due to a defective product, that may create a separate source of liability.

Texas limits lawsuits against an employer that carries workers’ comp, although exceptions may apply in certain circumstances. An experienced attorney can help determine whether this applies to your family’s specific circumstances.

Determining who caused a workplace death can be much more complicated than simply looking to the employer. A fatal accident may involve the actions or negligence of several businesses, contractors, drivers, manufacturers, or other third parties. Establishing liability requires carefully examining what each party was responsible for before and during the accident.

For example, a fatal accident could involve:

• A trucking company whose driver caused a collision
• A contractor responsible for maintaining a dangerous workspace
• A manufacturer that supplied defective machinery or safety equipment
• A property owner that failed to correct a hazardous situation
• A company responsible for inspecting, repairing, or maintaining equipment

A fatal workplace accident lawyer has the experience necessary to help determine and prove liability. They may need to investigate contracts, maintenance records, safety regulations and policies, inspection reports, training and other human resources records, and communications between companies. These records can help establish and prove who controlled the conditions that led to the fatal accident.

The period immediately following something as unexpected as a workplace death can be overwhelming, but important evidence may need to be preserved quickly. Families should consider taking the following steps as soon as possible, including speaking to a lawyer:

1. Keep accident reports, photographs, videos, medical records, and correspondence.
2. Write down the names of any potential witnesses.
3. Avoid making statements about the accident before the circumstances have been investigated.
4. Preserve any available information about your loved one’s employment, wages, and benefits.
5. Don’t accept a settlement regarding a workplace wrongful death in Texas without speaking to a legal team

Also, OSHA requires that employers report any work-related fatality to the agency within 8 hours of learning about the event. This rule applies for 30 days after the accident.

The Texas wrongful death lawyers at Carabin Shaw can help determine liability for a fatal workplace accident. Speaking with a legal team as soon as possible can help you understand your legal options and all applicable deadlines regarding possible compensation.

We invite you to look at our law firm’s client reviews before scheduling a free consultation. We have English- and Spanish-speaking staff available to answer your questions 24/7 at our toll-free number: 1-800-862-1270. You can also contact us online, and you pay nothing unless we win your case.

For more information:

• Texas Statutes 71
• OSHA