Work-Related Death Cases in Houston, Texas

The Houston attorneys at Grossman Law Offices offer relief from work-related death expenses

When a person dies as a result of another person’s or entity’s negligence, a surviving family member can seek legal action against the negligent party through a wrongful death lawsuit.

If a person died while on-the-job due to the negligence of their employer, there are certain challenges that must be addressed if a bereaved family member desires to seek compensation for their loss. The two pressing issues in Houston work-related death cases are in relation to the employer’s workers’ compensation status and the worker’s status as an employee or a contractor. Houston on-the-job wrongful death attorney Michael Grossman offers the following information so that you can have a better understanding of work-related death cases and what most often occurs when compensation is sought through a wrongful death claim against a negligent employer.

Does the Employer Have Workers' Compensation?

The critical issue concerning accidents that occur on the job is workers compensation, so properly assessing an employer’s workers’ comp status is often one of the first issues addressed in any wrongful death claim brought against a negligent employer. Workers’ compensation insurance prevents an aggrieved party from bringing a lawsuit against a negligent employer unless a death has occurred due to the employer’s gross negligence. Gross negligence requires a high standard of proof, i.e. a very stout case, since it means that the employer must be guilty of knowing that a dangerous and harmful accident had the likelihood of occurring but failed to take actions to remedy the situation before the accident occurred. However, Grossman Law Offices conducts thorough investigations into accident scenes so that the truth of the cause of the accident is made known. With twenty years of practice in doing so, we can help you hold a grossly negligent employer accountable for their actions.

Gross negligence caps in Texas are governed by the Texas Civil Practice and Remedies Code Section 41.008. The cap on punitive damages is the larger of $200,000 or non-economic damages up to a limit of $750,000 plus two (2) times the economic damages. Damages will be discussed in detail later on, but it should be noted that wrongful death lawyer Michael Grossman will work to properly calculate all damages incurred by a lost loved one and by the lost loved one’s family so that the family can be fully compensated for their loss by all responsible parties.

If only standard negligence, i.e. carelessness, was the cause for the death, then the bereaved family must seek compensation through the workers comp policy held by their loved one’s employer. However, Houston work-related death cases often have more than one liable party that contributed to the accident. As such, even if the employer is covered by worker’s comp, there may be other liable parties, like another worker or a machine manufacturer, that could be held accountable through a wrongful death lawsuit. Houston work-related wrongful death attorney Michael Grossman will ensure that all liable parties are found out so that you can stand the greatest likelihood of receiving full compensation for your loss.

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If the employer is not covered by workers compensation insurance, then a wrongful death lawsuit can be brought against them regardless of the type of negligence displayed in the accident. In other words, the standard of proof is much lower in non-subscriber cases since, typically, only standard negligence has to be proven in order for a bereaved family to see compensation. Furthermore, non-subscribers are only allowed one defensive measure in on-the-job wrongful death lawsuits, known as sole proximate cause. This means that they must attempt to prove that the deceased worker was wholly responsible for their accident. While this can prove to be difficult for the surviving family members since the defense will call into question the worker’s ability to do his or her job, it is often a very difficult defensive position because it requires such a high standard of proof for the defense. By enlisting the help of Houston wrongful death lawyer Michael Grossman, you will have legal assistance that is familiar with on-the-job wrongful death cases that will work with your best interests in mind, against both subscriber and non-subscriber employers.

Lastly, because companies know that a wrongful death lawsuit cannot be brought against a subscriber to worker’s comp who’s shown standard negligence in the accident, some companies may attempt to appear as if they carry workers’ comp when, in fact, they do not. They will even go so far as to offer a settlement, but this settlement is likely far less than what is fair or what could be awarded through a proper wrongful death lawsuit. These companies do this in order to skirt liability for the case. By contacting an experienced workers comp and wrongful death attorney like Michael Grossman, he and his team at Grossman Law Offices will work to find out the true workers comp status of the negligent employer so that a bereaved family can see justice served in light of their loss.

Was the Worker an Employee or a Contractor?

In many Houston work-related death cases, the worker’s status as an employee may be questioned. This happens because contractors are required to provide for their own safety while on the job. As a result, if a contractor dies while at a job site, the employer of that contractor likely isn’t liable for the accident simply because of the worker’s status as a contractor. In many ways, this is one of the reasons construction companies prefer to hire contractors to work at their oftentimes dangerous construction sites. However, Texas law provides a broad definition of an employee. By using a few particular questions, we can often help to establish an employer-employee relationship, even if the employer called the worker a contractor all along. In establishing that such a relationship existed, it then allows a bereaved family to seek compensation against a negligent employer that may be trying to use contract work as a shield against liability in a wrongful death claim.

What Types of Damages Can Be Sought in Houston Work-Related Death Cases?

Damages refer to the financial losses that occur as a result of the death. Wrongful death claims seek compensation for two types of damages known as survival damages and wrongful death damages. Survival damages refer to the damages incurred by the decedent had they survived the fatal accident. Such damages can include medical bills prior to death, lost wages, property damage, pain and suffering, emotional or mental distress, and loss of future earnings. Wrongful death damages refer to the damages incurred by the family as a result of their loss. These damages can include medical bills, funeral costs, loss of financial support, and mental or emotional distress. Ensuring that all damages are correctly totaled and justifiable in a court of law is an imperative part of a wrongful death claim. The goal of seeking compensation for these incurred damages is for the bereaved family to be able to pay for financial losses they’ve already incurred and will incur in the future. While the money awarded will not replace the loved one that’s been lost, it will help to get the family back onto their financial feet, both now and into the future. Grossman Law Offices wants to help you seek that compensation so that you can take care of yourself and your family in light of your loss.

Who Can Bring a Wrongful Death Claim?

A spouse, child, or parent of a person that’s died due to the negligence of another party can bring a wrongful death claim against the liable party or parties. In some instances, depending on the specifics of the accident and the person that has died, a sibling can also bring a wrongful death claim.

Contact Grossman Law Offices for Help in Houston Work-Related Death Cases

The benefit of hiring Houston Grossman Law Offices wrongful death attorneys for these types of cases is that we can help you navigate the complex legal issues that you will face. There are many legal considerations that must be kept in mind so as not to allow the defendant the legal upper hand. Grossman Law Offices understands that Houston is a city with a large population of skilled workers who are routinely put in harm’s way because of the dangerous nature of their work. Family members who lose loved ones due to the negligence of their loved one’s employer shouldn’t have to suffer further because of the oftentimes massive financial setbacks that can befall such a family. By enlisting our help, we will come alongside you during this trying and emotional time in order to ensure that you stand the greatest likelihood of receiving full compensation for your loss. Furthermore, we will also work to see to it that a similar tragic event doesn’t have to happen to someone else in the future. Contact us today at 1-855-392-0000 (toll free) for a free consultation to learn more about your legal options in pursuing justice against a negligent employer.

Additional Online Resources Offered by Grossman Law Offices in Houston Texas

A work-related death can involve many different areas of the law like a car accident death,18 wheeler accident death, construction accident death, aviation accident death, boating accident death, product defect death including but not limited to toxic products, exposure to asbestos or Benzene, railroad accidents, accidents involving people served too much alcohol ie dram shop, motorcycle accidents, oil rig accidents, refinery accidents, off shore oil rig accidents, oilfield accidents, warehouse accidents, oil refinery accidents, cargo ship accidents, industrial accidents, explosions, loading dock accidents, mesothelioma related to asbestos, leukemia related to exposure to Benzene, falling objects, crane accidents, forklift accidents, structural collapse, fire or burn, equipment malfunction, crushing accidents and many more. For more details in regards to workers comp cases, see our pages on “workers compensation” and “non subscriber cases”.

Please see our pages regarding “machinery injury”, “explosions”, “loading dock”, “mesothelioma\asbestos”, and “warehouse” to obtain more detailed information. Construction work and the relating catastrophic injuries and even death that can occur receive a lot of media exposure because of the severity of the accidents. Recently, here in Houston, the press has reported a trench collapse accident, a death from electrocution on the construction site, and a crane accident that caused the death a young father of two small children. Cranes are used extensively at construction sites across the city of Houston. The crane operator must exercise extreme caution when operating such large and heavy equipment. Unfortunately, Houston work-related death cases occur far too often due to construction fatalities.