Death in the Workplace

If death occurs while the decedent was on the job, the right to sue may be different from other wrongful death cases. Under the Texas Workers' Compensation Act, an employee who elects to take workers' compensation does not have a right to sue his or her employer for injuries in the workplace. He or she may, however, sue for damages under common law. Texas Workers' Compensation Commission v. Garcia, 893 S.W.2d 504 (1994).

If a person's death on the job was due to the negligent actions of a third party, Texas's workers' compensation statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for workers' compensation through his or her employer. Tex. Lab. Code § 417.001.

 

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In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the Statute of Limitations. If you or a loved one is a victim of personal injuries, call The Law Offices of Lennon C. Wright now at (713) 654-7878 or submit a simple Case Review Form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a Contingent Fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.