Scott Krist 
Texas has a number of high-risk industries and jobs that put workers at risk. However, insufficient workplace safety can increase the risk of these dangers. When private employers have unreasonable expectations that compromise safety, employees can be killed on the job. As a result, surviving family members could pursue a wrongful death lawsuit against the at-fault employer.
Navigating the complexities of a wrongful death lawsuit and holding employers liable for their actions requires understanding your legal rights and the compensation process during this difficult time.
Texas Employers Can Be Held Liable for Unsafe Working Conditions
Texas has one of the highest workplace fatality rates in the country. When a fatality occurs, families have the right to hold employers responsible for contributing to their loved one’s death. Employers can contribute to fatal workplace accidents by failing to maintain proper safety standards and protocols. Adherence to adequate safety precautions can often avoid these situations, but when the bottom line is prioritized over worker safety, it can result in a wrongful death at work.
When an employer’s negligence contributes to or causes a death, the victim’s family can file a lawsuit against that employer. This allows the decedent’s family to hold the employer accountable for their actions and receive compensation to ease the financial burden families may now face. While it will not replace the life lost, pursuing legal action and securing resources can be the first step toward closure and healing.
Filing a Texas Wrongful Death Lawsuit Against the Decedent’s Employer
Per Texas law, families who have lost a loved one due to a workplace fatality have the right to take action against the employer for their negligence. If the decedent would have had the right to file a claim themselves had they survived, a family member or representative may file a claim on their behalf instead.
To establish negligence in a wrongful death lawsuit, four key components must be proven:
- Duty of care: The employer had an obligation to employees to maintain a safe work environment and implement safety procedures in an effort to avoid harm
- Breach of duty: The employer did not fulfill their responsibilities to ensure workplace safety and failed to take necessary precautions in the workplace
- Causation: The employer’s actions, or lack thereof, were the catalyst that led to a workplace accident that resulted in death
- Damages: After they have been deemed liable, an employer must provide compensation to the family for the loss the employer caused
Legal representation is essential for gathering evidence, filing appropriate paperwork, and negotiating with employers. Depending on the case specifics, resolution may come through settlement agreement or court litigation.
Who Is Entitled to File a Wrongful Death Lawsuit after a Workplace Fatality? (Texas Law)
Texas specifies that wrongful death lawsuits can be filed by immediate surviving family members. This is generally the decedent’s immediate family, but parents may also file a claim if the decedent does not have a surviving spouse or child. If these parties do not file a claim within three months, then the executor of the decedent’s estate may file the claim on the family’s behalf.
Damages from a wrongful death lawsuit are designed to help the decedent’s immediate family members by providing resources to help navigate the financial and emotional gaps left in the wake of their loss. The compensation from a wrongful death lawsuit is also meant to help surviving family members settle the decedent’s affairs and final costs related to their medical care and final resting arrangements.
Compensation in a Workplace Wrongful Death Lawsuit (Texas Law)
The unexpected death of a loved one will leave families reeling and have a profound impact on multiple areas of life. In addition to the emotional toll, the decedent’s death can also leave families with increased expenses and decreased income. Damages from a wrongful death lawsuit can offset these losses. Some of the considerations for recovery might include:
- End-of-life medical care
- Funeral and burial expenses
- Loss of income from the decedent
- Counseling and therapy
- Pain and suffering
- Emotional distress
- Psychological distress
- Loss of companionship and consortium
- Loss of services or support provided by the decedent
Additionally, if the death arose from an act of gross negligence, families may also receive punitive damages. To fully understand what losses are recoverable in a wrongful death lawsuit, consulting with an experienced wrongful death attorney is essential. Families may not be aware of all possible damages they are eligible to claim, making legal consultation beneficial for identifying and properly valuing damages to recover maximum compensation available.
Texas Limits Your Time to File a Lawsuit
Texas allows surviving family members two years to file a claim on behalf of their loved one. This provides time to seek legal counsel and file a claim. While families may not necessarily file immediately, it is essential to take action as soon as possible to avoid being barred from recovery. The sooner a claim is filed, the sooner compensation can be recovered.
Understanding that families may be facing the unthinkable, the legal process should be made as manageable as possible. Holding an employer accountable is an important step toward getting justice, closure, and the financial resources to cover losses incurred from a workplace fatality.