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Blogs 2018 July Workplace Death: How Do Families Get Compensated?
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Workplace Death: How Do Families Get Compensated?

Posted By Law Office of James M. Stanley || 9-Jul-2018

Although filing a workers’ compensation claim in the event of a loved one’s death on the job can recover some costs, it is typically not enough to cover the full extent of your family’s losses. Under some circumstances, however, it is possible to file a wrongful death lawsuit against the employer.

If the Employer Carries Texas Workers’ Compensation Insurance

According to the Texas Workers’ Compensation Act, workers’ compensation “exclusively” covers the cost of a workplace injury or death. This means employers who have workers’ comp insurance cannot be named in a personal injury or wrongful death lawsuit.

However, there is an exception to this law. If the cause of the employee’s death is an employer’s gross negligence or as a result of the employer’s intentional act or oversight, families can file a wrongful death claim against an employer. Even if the employer has provided workers’ comp benefits, this type of lawsuit can still be filed.

If another party—other than the employer—was responsible for the workplace death, a family can file a third-party claim. These type of claims are often filed against manufacturers of defective machinery, distributors of tools used at the workplace, subcontractors, and other negligent parties.

If the Employer Doesn’t Carry Texas Workers’ Comp Insurance

If a worker is killed on the job for an employer who doesn’t carry workers’ compensation insurance, the family is able to file a wrongful death lawsuit to recover monetary losses. It is important to understand that families can recover damages not typically awarded through the worker’s compensation system, including pain and suffering, as we as punitive damages. While some these employers may provide alternative accident relief and health benefits to employees, they are not considered a legal replacement for workers’ compensation.

If you have lost a loved one in a workplace injury in Fort Worth, request a free consultation with the Law Office of James M. Stanley today.

Categories: Wrongful Death, Workplace Injuries

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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