Being injured in the workplace in Texas can mean being crushed by heavy machinery for Texans working in the oil fields or falling several stories when the scaffolding breaks for the many employed in the state’s construction industry. The injuries can be serious and in some cases are not survivable.
Workplace injuries that result in death can become wrongful death claims when someone’s failure to fulfill a legal obligation contributes to the circumstances causing a worker’s death. The personal injury and wrongful death attorneys at Farah Law in Houston explain how a workplace death becomes a wrongful death claim.
The Activities Most Often Responsible for Workplace Death
Certain types of employment expose workers to greater risks of serious injury or death due to the nature of the work, but some of the activities reported to cause the most worker fatalities are not limited to high-risk types of employment.
In 2023, there were 564 reported fatal occupational injuries in Texas. The numbers and primary event or exposure resulting in death break down as follows:
- 246 – Transportation incidents
- 92 – Falls, slips, trips
- 86 – Contact incidents
- 71 – Violent acts
- 57 – Exposure to harmful substances
- 11 – Explosions, fires
Industries where driving is a significant workplace activity, such as transportation and material moving, have much higher incidences of worker fatalities. The majority of fall-related fatalities are attributed to the construction industry. Exposure to harmful substances kills nearly an equal number of those working in construction and those working in the oil and gas industry.
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.
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 in Houston, 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.
