“Workplace accidents can have lasting consequences. Trust J.A. Davis & Associates, your local Texas work accident injury lawyers, to handle your case with the attention and care it deserves.”

FATAL WORKPLACE ACCIDENTS / WORKERS COMPENSATION

There are a Variety of Types of Workplace Accidents

From severe incidents like a fall from a large building to seemingly benign mishaps like slipping on a wet floor, any workplace accident can be potentially fatal. Some of these mishaps include but are not limited to construction site accidents.

Industrial accidents.
Explosions in pipelines, gas wells, or oil fields.
Fires in the workplace.
Accidents involving work-related motor vehicles.
Slipping and falling.
Criminal activity such as robbery or assault.

In a fatal workplace accident, the victim’s loved ones can pursue restitution by either filing a workers’ compensation claim or a wrongful death civil lawsuit. However, non-attorneys usually struggle with either process since several factors can affect the family’s ability to file a workers’ comp claim or succeed with a properly filed lawsuit. So it would be best if you began at the proper beginning.

Was the Employer a Workers’ Comp Subscriber or Non-Subscriber? This is the First Question
Thanks to our lawmakers (and the political influence of the insurance company lobby), grasping workers’ compensation laws is not easy when workplace injuries happen. State law does not require Texas companies to purchase workers’ comp insurance. Because of this, workers’ comp injury cases are divided into two distinct types that require different methods and strategies to resolve. Employers who carry worker’s comp are known as “subscribers.” Those who don’t are “non-subscribers.” So to proceed with your claim or civil case, you must first know if your loved one’s employer is one or the other.

Did You Know? Our Law Firm has been fighting for work injury victims` rights for over 20 years. Call our office to discuss your case.

Workers’ comp benefits are paid out of a pool of funds provided by private insurance carriers participating in the program. Workers’ comp is “no-fault” insurance because those covered by workers’ comp are reimbursed, regardless of how the accident occurred or who was at fault. But in exchange for that no simpler fault coverage, the amount of money a family receives when their loved one is killed in a workplace accident rarely covers the total expenses suffered by the surviving family.
Injured workers or their families have little recourse to receive higher compensation directly through workers’ comp. By paying for injuries through the program’s “umbrella coverage,” subscriber employers are generally protected from civil lawsuits arising from workplace accidents. By denying workers, the traditional civil venues of damage compensation, the rights of employees and their family survivors to be fairly reimbursed are severely limited because workers comp benefits are generally far below traditionally fair-market compensation levels. These workers comp “benefit cap” amount rarely, if ever, fully compensate death benefits and other fair damages to families of employees killed in a Texas workplace accident. The exception to this inability to sue his employer for gross negligence. Unless the employer has committed gross (or willful) negligence that produces the wrongful death, the subscriber-employer cannot be sued. Unless the facts of the case are overwhelming, such blatant negligence is complicated to prove. In a wrongful death workers comp claim, an insurance company assigned to the fatal worker’s comp claim is responsible for negotiating a settlement with the surviving family members, again, with benefit caps. This makes it highly unlikely that the victim’s survivors will receive the fair and appropriate compensation they are entitled to without suing the grossly negligent employer.

On the other hand, to receive restitution from a non-subscriber to workers’ comp, the surviving family must file at least one lawsuit. Fortunately, for the injured plaintiff, there are much lower standards for proving traditional subscriber negligence. These same standards also apply against a non-subscriber in a civil case. So if you can file a lawsuit against a non-subscriber, it’s much easier to prove true liability against that employer, general contractor or subcontractor, or any third party, for accidents in the workplace due to that lower proof-of-negligence standard. An experienced fatal workplace accident attorney with our Law Office can correctly determine your deceased loved one’s employer’s workers’ comp status. Hence, you know what legal avenues are available. Once we have identified the nature of this employer’s worker’s comp standing, our attorneys will know how to process your case and move forward.

More great blogs on Work Injury Law – Workers Comp here:

https://www.devineandfanning.com/contact-fatal-work-accident-attorneys/
https://www.nancysearerattorneyatlaw.com/is-my-employer-a-workers-compensation-insurance-subscriber/
https://www.prestilaw.com/workers-compensation-what-can-i-do/
https://www.bethkrulewitch.com/workers-compensation-osha-cannot-help-you/
https://www.nbalawblog.com/workers-compensation-what-is-a-contract-employee/
https://www.jdavidmarkham.com/frequent-problems-in-nonsubscriber-work-injury-cases/
https://www.clarkbyarlay.com/workers-compensation-non-subscriber-employers/
https://www.lawofficeofkarenross.com/workers-compensation-law/
https://www.sainilawyers.com/workers-compensation-attorney/
https://www.hensleylawteam.com/legally-pursue-damages-arising-from-an-injurious/
https://www.ftlauderdaledefense.com/workers-compensation-non-subscriber-lawsuits/
https://www.fastinjuryclaims.com/the-complexity-of-workers-compensation-insurance/
https://www.car-accident-lawyers-today.com/understanding-your-rights-after-a-car-accident/