Sadly, some work-related accidents are lethal. In fact, Texas leads the nation in construction-related fatalities. Workers' compensation insurance includes a modest death benefit for the family, but it grossly underpays the family for the loss of a loved one. Is there anything else that the family can do when the employer is responsible for the death?
You Can File Suit Against the Employer On Behalf of Your Loved One, Even If The Employer Has Workers’ Compensation Insurance
Normally, an employer who carries official workers' comp insurance is completely immune from suit when they injure their own employees. However, when the accident results in death, there is a crack in the employer’s immunity armor. The family of the deceased can sue the employer even if the employer has official workers’ comp if they can show that the employer’s gross negligence caused the death. To prove gross negligence, the family must show that the company knew that its actions created an extreme risk of harm, but nevertheless proceeded with conscious indifference to the rights, safety and welfare of others. In essence, it is the "I don’t give a darn" standard. In other words, if the employer knows that its actions are very dangerous but proceeds anyway, it is grossly negligent. If you think your loved one’s death was caused by gross negligence, give us a call, and we may have a chance to pierce the immunity created by workers’ comp and seek full recovery for all your losses.
If You Believe the Accident Was Caused by Gross Negligence, We Want to Speak With You.
Our personal injury attorneys are dedicated to providing you compassionate and stalwart representation for the duration of this difficult matter. To learn more about how you can begin the process of holding the negligent party responsible for their actions, please contact us at 210-340-8877. We’re here to help.