Workplace Accidents – Wrongful Death Cases & Workers Comp

//Workplace Accidents – Wrongful Death Cases & Workers Comp

Workplace Accidents – Wrongful Death Cases & Workers Comp

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Texas Workers’ Comp Laws Can Determine Your Legal Strategy after Wrongful Death

If your loved one’s death occurred while on the job, there are specific guidelines you must follow in order to win damages. And we’ll warn you right now, in some instances you will not be able to receive just and fair compensation for the work-related accident that took your beloved family member due to the restrictions of workers’ comp.

And about half of these tragic work-related events might involve workers’ compensation insurance, in which case this issue is the first one that must be sorted out when planning any legal strategy involving wrongful death. An employer covered by workers’ comp in Texas is immune to lawsuits in the event of wrongful death, but with one specific exception. If a worker is killed due to gross negligence by their employer, a wrongful death lawsuit can be brought against that worker’s comp subscribing employer. Otherwise, a bereaved family can seek compensation for their loss only through the workers’ compensation insurance policy. And workers’ comp death benefits are far from generous.

A Texas wrongful death attorney’s experience with both wrongful death and fatal work accident cases is a big help as you seek justice against such a negligent employer. But the standard of proof is quite high if you are to establish an employer’s clear guilt of gross negligence.

This is where the fatal work injury attorneys with our Law Firm can investigate the accident in order to find other liable defendants who may have also been involved in some way, even if it was not overtly, in contributing to the accident. This “third party” involvement is quite common in fatal workplace accidents. It is similar to our search for other defendants in medical malpractice cases. In the event that multiple parties bear some liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against every one of these additional liable defendants, in addition to seeking compensation through the workers’ comp policy that is carried by your family member’s employer. This formula allows bereaved families to receive damage awards as third party suits are “piggybacked” onto the worker’s comp claim. In addition, fatal injury accidents in the workplace can also be caused by defective products or machinery, which opens the manufacturers to a possible third party lawsuit as well through a defective product lawsuit.

Sorting out all of these issues can be quite challenging for those with little to no legal experience. But an experienced, tenacious Texas wrongful death attorney with our Law Firm is ready to use all his knowledge and skill to work for you, so your loved one will not have died in vain.

Contact our Texas wrongful death lawyers, toll-free at 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you and your family emerge from this difficult time: fully compensated for your loss from every liable defendant for their negligent behavior

Your family deserves what you are rightfully owed from this preventable tragedy. And with that peace of mind, all of you can move forward with your lives, and your loved one can finally rest in peace.

By | 2023-06-19T20:28:03+00:00 June 19th, 2023|workplace accidents|0 Comments

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