In tort law, the concept of strict liability refers to imposing financial responsibility on one party without requiring proof of actual negligence, recklessness, or tortious intent.

In certain situations, such as a product liability case, the law says that manufacturers should be held financially responsible for injuries caused by their products, regardless of whether or not they acted negligently in designing or manufacturing the item.

The concept of strict liability does not automatically mean the manufacturer is liable for any and all damages (injuries) related to the use of their product. Victims bringing a claim still need to prove certain elements of their case (such as foreseeability), but unlike other types of cases, the victim's comparative fault does not come into play.

While this concept may be confusing on the surface, there are many good reasons for imposing strict liability in certain types of situations—especially those considered to be inherently dangerous.

Why strict liability applies in certain cases.

With regard to product liability cases (injuries caused by defective or unsafe products), manufacturers are in the best position to ensure the safety of their products prior to putting them on the market, and as such, they can be held strictly liable for any foreseeable injuries caused by a defect or safety flaw.

When a Texas employer does not subscribe to workers' compensation coverage and an employee is injured on the job, the employer is held strictly liable for 100% of the worker's damages if it can be shown that the employer was even 1% responsible for the accident (such as failing to properly train employees, failing to supervise, etc).

Even some dog bite claims fall under strict liability. The state of Texas adheres to the "one bite rule," meaning that if a dog has previously bit someone (or even tried to) and the owner or keeper was aware of the animal's previous dangerous conduct, they can be held strictly liable for 100% of the victim's injuries and financial damages should the dog cause injury to another person. The same may hold true for other types of animal cases, such as horse owner who allows someone to ride a horse known to have dangerous tendencies.

Bringing a strict liability lawsuit.

When someone in Texas suffers an injury, the victim has the right to file a lawsuit in order to seek damages from the responsible party or parties. The most-common types of claims that are filed under product liability law are those where the manufacturer or seller of the product was negligent, or those where one or more parties are liable under the concept of strict liability. Although there are differences between a strict liability claim and a negligence claim, many elements can actually overlap.

As mentioned above, the plaintiff in a strict liability claim is still required to prove specific items in order to win their case. The basic elements that make up a product liability claim, for example, are as follows:

• You must prove that the defendant was responsible for fabricating or manufacturing the product.
• You must prove that the defect existed at the time the plaintiff purchased the product or when the defendant sold it.
• You must prove that the defect in the product was the cause of the plaintiff’s injury.
• You must prove that the injury suffered was reasonably foreseeable, based upon the extent of the defect.

Giving yourself the best chance at winning your case.

These types of cases can be very complex, but to give yourself the best chance at recovering compensation, contact an attorney in your area who's experienced in handling strict liability claims and request a free consultation.

At Rasansky Law Firm, we have over 20 years experience handling these types of claims, and we're happy to review the facts of your case over the phone and advise you of your options moving forward.

If you're an electrician whose been injured on the job, the Dallas attorneys at Rasansky Law Firm may be able to help.

Call us toll-free at (214) 617-1886 and discuss the facts of your case with us. Our Dallas lawyers will review your case and explain the legal options available to you at no cost. In fact, we never charge a penny unless we win your case!

There are a number of potential injuries that electricians face on a daily basis, but if you've been seriously injured due to negligence on behalf of your employer or another party, you deserve to be compensated for your losses. This is where we come in.

 

Electrical injuries and fatalities by the numbers.

Shortly after OSHA was created, the number of workplace fatalities decreased by more than sixty percent, while occupational injury and illness rates declined forty percent. This occurred during a period of growth in the United States where the number of workers doubled. Unfortunately, there are still thousands of work-related fatalities and injuries occurring every year.

In 2008, the Electrical Safety Foundation International (ESFI) began an extensive study of data concerning electrical injuries and fatalities. At the close of the review, the foundation came to the conclusion that the industry needed access to more information in order to detect and respond to important trends on injuries in as timely a fashion as possible.

To use two years as an example of changes within the industry, 1994 saw 348 fatalities and 6,018 injuries within the electrical industry compared to 212 fatalities and 2,540 injuries in 2007. This data provides a sound reminder that when workers and administration adhere to safety standards, it can make a significant difference in occupational safety. On the other hand, fatalities in other industries remained constant or increased during the five-year period between 2003 and 2007.

Summary of accidents.

Between 2003 and 2007, ESFI discovered 28,401 workers lost their lives due to accidents on the job. The most-common types of fatal accidents fell into the following categories:

• Auto accidents / transportation (10,363)
• Assaults and violent acts (4,130)
• Falls (3,950)
• Contact with electric current (1,213)

One of the most-common causes of electrocution is contact with wiring, transformers, or other types of electrical components. This category resulted in 28 percent of fatalities. Additionally, a total of 13,150 workers suffered injuries from electric contact that were severe enough for them to need time off from work.

Types of electrical accidents.

OSHA has placed the risks electricians and electrical workers face into several categories, including:

• Electrical shock injuries and electrocution
• Burn injuries
• Fall injuries

In addition to the above types of death and non-fatal injuries, electricians may also suffer from injuries to the back, knees, hands and fingers due to repetitive stress or overexertion. These injuries may be caused from any of the following:

• Use of force to operate a tool
• Bending or stooping while performing work
• Positioning the hands, elbows, shoulders or wrists in an awkward position
• Remaining in the same position for extended periods of time
• Application of continuous pressure to the body

Injuries caused by repetitive motions or overuse can be just as painful and debilitating as falls or other accidents. They can also lead to disability and lead to a great deal of discomfort and reduce the quality of life.

Additionally, if your injury was caused by a defective or faulty piece of equipment, you may have an actionable claim against the manufacturer under what's known as product liability law.

Speak to an attorney for free.

Even if you're unsure of your next step, we urge you to call us for a free consultation. Work injury law in Texas is complex, but we can help explain your options as well as what to expect moving forward. Don't wait until it's too late; call (214) 617-1886 today.

If you're a Dallas roofer whose been injured on the job, call Rasansky Law Firm for a free consultation at (214) 617-1886.

Work injuries that occur in Dallas-Fort Worth can be complicated since Texas does not require employers to subscribe to workers’ compensation insurance. We can explain the options available to you, and we never take a fee unless we win your case.

Due to the nature of the job, roofers have an increased risk of serious injury should something go wrong on the job site. Nearly all labor-intensive jobs include a certain amount of risk (some more than others), but that does not negate an employer's responsibility to keep you safe from preventable harm.

Roofers often become injured due to falls from height. Many times, fall injuries which should have been prevented occur due to an employer's failure to properly train employees, a supervisor's failure to ensure that proper safety measures are being followed, or due to defective equipment. These injuries can be quite debilitating, often resulting in paralysis or even death.

Workers' compensation.

Everyone's heard of workers' compensation, but not everyone understands what it really is, or what it actually does. If your employer subscribes to a state-approved workers' comp insurance program, you may be forced to file a WC claim in order to recover any compensation (and not anywhere close to your actual losses). On the other hand, if your employer does not subscribe to workers' comp, we may be able to file a lawsuit on your behalf in order to recover 100% of your lost wages, medical bills, lost future earning capacity, and compensation for pain and suffering. Of course we can verify your employer's WC status free of charge, and let you know exactly what options are available to you over the phone.

Another complication that can be problematic in Texas is the classification of the worker. Were you working as a contractor or an employee? This classification will determine how the case will be handled, and the legal options available to you.

Injuries can be extremely serious.

Back problems are very common in the roofing industry due to the strain that roofers experience during the course of their work day. Roofers also work with a variety of power equipment that can lead to serious accidents including broken bones, amputations, and puncture wounds.

Nearly one-fifth of all work-related deaths in the private industry are in the construction industry. The majority of those wrongful deaths fell into the construction industry's "fatal four" categories: falls, electrocution, burns, and falling debris.

• Falls are the number-one source of danger for not just the roofing industry, but the construction industry in general. Out of all the construction site fatalities, 35 percent resulted from falls.
• Electrocution is another risk for roofers since they work close to power lines that are attached to homes. This requires them to be extremely careful in order to avoid electrocution.
• Burns are common due to the fact that roofers use tar to secure shingles and open flames to eliminate material that is already on the roof. Both of these actions have the potential to cause serious burns and scalds.
• Falling debris also creates a hazard for roofers. Because materials and equipment need to be carried to the roof level, any unsecured objects have the potential to fall and hit those on the ground below.

We can help your family.

If you've been seriously injured in a Dallas roofing accident, you have more-important things to worry about than filing claims, building a case, and fighting the insurance company. This is why our law firm exists; to help people who've been seriously injured recover the money they're owed. We've been helping victims for over 20 years, and we're confident in our ability to represent you. In fact, we never charge you a penny unless we actually win your case or secure you a fair settlement.

Has someone you love been seriously injured or electrocuted after coming in contact with power lines?

The Dallas personal injury lawyers at Rasansky Law Firm may be able to help your family seek justice. Our goal is to fight aggressively to get you and your family every penny you're owed. Call us today at (214) 617-1886 for a free consultation.

There are several ways in which a person can come in contact with live (energized) power lines, but the most-common scenarios in Dallas usually occur with utility line workers, construction laborers, and as a result of downed or damaged overhead lines.

These kind of accidents are almost always blamed on human error, but it's important to note that the victim is not always 100% at-fault. Many construction workers and utility workers are tragically killed simply due to a supervisor's failure to de-energize the power lines, or failing to inform/ train employees of proper safety measures. According to the CDC, electrical accidents are the fifth leading cause of all workplace deaths in America.

The role of negligence.

Negligence plays a big role in these types of cases. In order to have the best chance at winning your case, you (or more-accurately, your attorney) must be able to prove that someone failed in their duty of care, that this action or inaction was a proximate cause for the victim's injury, and that the victim—or their family—suffered a financial loss as a result of the injury or wrongful death.

Construction companies in Texas are required by law to comply with OSHA regulations when working in proximity of power lines, train employees on electrical safety, contact utility companies in advance in order to de-energize (or insulate) overhead power lines prior to beginning any work, and must NEVER come within 10 feet from live overhead power lines. If an employer fails in any of these responsibilities and someone is injured or killed as a result, they open themselves up to liability.

Additionally, power companies in Texas are responsible for making sure that overhead lines are in optimal condition at any given time. Should they fail to perform this necessary maintenance, power lines can lose tension, separate from the pole, and pose an avoidable hazard to the general public.

Catastrophic injuries and fatalities.

Power line accidents in the Dallas-Fort Worth area usually result in catastrophic injuries such as severe burns, tissue damage, organ damage, amputation, and often prove fatal. Resulting injuries can be life-changing and almost always require extensive medical treatment. Many victims are unable to return to work, leaving them to worry about how their family will recover financially. This is where a lawyer comes in.

Victims of power line electrocution accidents often have damages (losses) beyond pain and suffering. With the help of our Dallas personal injury attorneys, you can seek compensation for things such as lost wages, loss of future income, medical bills, future expected medical costs, physical impairment, loss of spousal support and companionship, and more.

If you would like to speak with a lawyer about the facts of your case, call us for a free consultation at (214) 617-1886. We'll explain the options available to you and your family, and we never charge a penny unless we actually win your case.

If an employer violates OSHA regulations and a worker is injured or killed as a result, our attorneys may be able to help.

OSHA, also known as the Occupational Safety & Health Administration was formed in 1971 as a result of the passing of the OSH Act of 1970. This agency was created to protect workers from unsafe and dangerous work situations, especially those that work in hazardous environments. OSHA's mission is to "assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance."

OSHA has a slew of regulations that employers are supposed to follow and enforce to keep the workplace safe. When an employer fails in their responsibility to uphold OHSA standards, they open themselves up to fines and potential personal injury lawsuits.

OSHA violations range in severity, and are outlined by the law. Here’s a short overview the top 10 most-violated regulations of 2016:

1) Fall Protection

Workers who have to carry out their daily duties on ladders or above ground are exposed to the danger of falling and injuring themselves. This is especially true for those that work in the construction and cleaning businesses. According to OSHA, employers are supposed to determine if the surfaces that employees work on have an adequate amount of structural integrity to safely support workers.  Fall protection goes on to cover things like harnesses, protection from falling objects, installation of guardrail systems, covers around holes and more.

2. Hazard Communication

Workers who have to carry out their daily duties around toxic substances should be provided with adequate protection by means of classifying all hazardous chemicals. In addition, employers are required to ensure that all safety data sheets of chemicals that employees come into contact with are easily available to them during work.

3. Scaffolding

Scaffolding is often used in construction sites. These contraptions are useful when an employee wants to move from one point to the other on the outside perimeter of a structure. According to OSHA regulations, scaffolding should be able to sustain and support at least 6 times its intended load. In addition, scaffolding is supposed to be designed and constructed by a qualified person and according to OSHA guidelines.

4. Respiratory Protection

Workers who carry out their duties in environments that expose them to respiratory contaminants such as smoke, vapors, gasses, fogs, dust and mists should be provided with respirators that are approved by OSHA standards. In addition, employers are required to develop and implement a written program outlining respiratory protection protocols in this kind of environment.

5. Lockout/Tagout

Those that work in environments that may expose them to sudden energy bursts (such as electrical circuits, conveyor belts, hydraulic presses, etc) are protected by regulation which requires employers to come up with energy control procedures as well as training meant to equip workers with knowledge that will keep them safe at all times. When used correctly, the lockout-tagout system is effective in securing equipment against accidental energization during maintenance or repair.

6. Powered Industrial Trucks

This has to do with employees who have to work with machinery such as forklifts, tractors, lift trucks and others. An employer is required to purchase machinery that has been approved by the American National Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969. According to OSHA rules, these types of machinery should also not be used in environments containing hazardous levels of metal dust such as magnesium and aluminum.

7. Ladders

OSHA requires that all ladders be able to hold at least 4 times its maximum intended load. In addition, ladders are supposed to have parallel and uniformly-spaced rungs, cleats, and steps at all times. Lastly, this equipment should be coated with slip-resistant material and be corrugated to minimize the chances of a worker slipping and falling off it.

8. Machine Guarding

According to OSHA regulations, machines that may potentially expose a worker to injuries should be guarded at all times. In addition, employees should be provided with special hand tools to help them operate certain types of machinery that may pose a hazard to their hands. Machines covered under this sub-regulation include guillotine cutters, shears, power presses, power saws and more.

9. Electrical Wiring

This OSHA sub-regulation covers wiring, cable sheaths, fittings and conductors. As a rule of thumb, employers are required to ensure that installation and maintenance of electrical and wiring systems is done by qualified personnel and maintained on a regular basis. OSHA also requires that employers only install certain types of cabling to ensure maximum safety at all times.

10. Electrical, General Requirements

This covers any electrical equipment. OSHA requires that employers ensure that all equipment be free from hazards that may cause serious harm or death on the part of employees. Additionally, things like wiring installations should be free from short circuits which could cause electrocution.

For an in-depth look into these guidelines, please click here.

Hurt on the job? Speak to a lawyer for free.

When these standards and guidelines are not followed and someone is injured on the work site as a result, OSHA may investigate and levy fines against the employer. Unfortunately, the fines OSHA is allowed to levy are often low and ineffective as a deterrent.

Even if no one has been injured as a result of a violation, you are still encouraged to report such violations to OSHA. Our law firm may be able to help facilitate this process while shielding you from retaliation (see: OSHA whistleblower protection).

If a worker is injured or killed on a construction site (or any other work site) the victim or their family needs to contact a personal injury lawyer as soon as possible. Do NOT make the mistake of waiting for OSHA to complete their investigation, as this can take up to six months. An attorney will go over the facts of your case and determine the legal options available to you and your family for no charge. If you decide to hire our law firm, we never charge you a single cent unless we're able to successfully recover money on your behalf.

Rasansky Law Firm has over two decades of experience with these kinds of workplace accidents and OSHA violations. Please call us today at 1-800-ATTORNEY (1-800-288-6763) or email us via the form on this page for your free consultation. We look forward to helping you get the justice and compensation you need and deserve.

We represent those injured or killed in scissor lift falls. Call our Dallas attorneys at (214) 617-1886 for a free consultation.

The number of people who suffer catastrophic injuries and wrongful deaths after falling from scissor lifts and/or aerial work platforms is staggering. These accidents usually involve heights in excess of six feet, and often occur in the construction industry where these types of lifts are commonly used.

It is not surprising to find that on an annual basis, construction workers are more-likely to lose their lives when they fall from heights in excess of six feet (a 32-35% mortality rate). More alarming, according to the Bureau of Labor Statistics, is that from 1993 to 1999, there was an average of 18 boom lift and eight scissor lift-related deaths annually in the construction industry alone. The root causes of the majority of the falls from these pieces of equipment are reportedly unsafe actions due to a lack of training and unsafe conditions such as lax safety measures.

Within the general construction industry, falls from aerial lifts accounted for about three percent of all fatal accidents reported. When you narrow that down to only painters and drywallers (who frequently use mobile elevated platforms to perform their work), falls from aerial lift platforms accounted for 17 percent of all fatal accidents reported! Only roofers, electricians and iron workers have a higher fall fatality rate. Statistics also show that scissor lift accidents account for about ten percent more fatalities than aerial boom lift accidents.

The top 10 causes of elevated platform falls.

Most serious injuries and deaths are caused by falls from the lift. Some workers become injured after being struck by booms and baskets, and a smaller number of workers have been crushed between the equipment and a fixed structure.

After the OSHA Standards Committee reviewed the statistics regrading elevated platform accidents in the construction industry in the mid-90s, they determined it was essential to include both scissor and aerial lifts in their latest revision of the safety standards for construction industry scaffolds. The investigation revealed the ten most-hazardous activities involving man lifts for drywallers and painters include:

1. Operation of a lift on an uneven surface
2. Coming in contact with holes, drop-offs, and debris while operating elevated equipment
3. Being in the proximity of the 42-inch minimum top rail by climbing above it and leaning over it
4. Overloading the boom and then collapsing it (for instance, attempting to use it as a material crane)
5. Coming into contact with electrical conductors from a portion of the lift that is not insulated (electrocution)
6. Failing to put outriggers into place or to effectively brace in order to avoid tip-over
7. Electrical conductors coming into contact with the body or the body coming into contact with the induction field
8. Operating the lift in bad weather or when visibility is poor
9. Allowing inexperienced or untrained operators on the equipment
10. Mechanical or structural defects that are unseen and/or unobserved

While there are many overt causes for these types of accidents, there often also exist various underlying causes which may not be immediately apparent. Were employees properly trained by their employers? Were safety practices often skirted or overlooked? Was there a defect with the equipment? Was the equipment used after being damaged or modified? The answers to these questions are very important to your case, and can determine the legal options available to you and your family.

The bottom line.

Whenever an individual falls from an aerial lift while in the performance of his/her job, there is a potential for not only a lawsuit against the employer as the result of the work accident, but also a product liability lawsuit against the manufacturer. It’s important to keep in mind that Texas does not require employers to purchase workers' compensation insurance, so in many cases, hiring an attorney to file a claim or lawsuit may be your only option at holding the negligent company responsible for your injury or loved one's death.

Our Dallas work injury attorneys are happy to review the facts of your case for free, and advise you of the legal options available to you and your family. It's our job to advocate on your behalf and recover the compensation necessary to leave you and your family whole again. We don't charge you anything up front to hire us, and we only get paid if we actually win you money. Call us today at (214) 617-1886 or (214) 617-1886 for more information.

Has a loved one died in an on-the-job accident? Call us today at (214) 617-1886 to discuss your family's legal options.

Texas unfortunately leads the country when it comes to workplace fatalities. Many workers in the oil, gas and construction industries are at a much greater risk of being injured or killed in a workplace accident due to the fact that safety regulations are often undermined and ignored, as well as the fact that many of these workers do not receive proper safety training from their employers.

The bottom line is that employers owe a legal duty to keep their employees safe from unreasonable harm. When they fail in this responsibility and someone is killed as a result, they open themselves up to liability (wrongful death lawsuits). At Rasansky Law Firm, we advocate on behalf of those killed due to negligence on the work site, and we have a track record to prove it. To learn how we may be able to help your family pursue justice, call us for a free consultation at (214) 617-1886. We never charge a penny out of pocket for our services; we only get paid if we actually win you compensation.

Can I file a wrongful death lawsuit?

The answer to this question depends on several factors, and the easiest way to make this determination is to speak directly with a law firm in your area about the facts of your case. For instance, do you know if the employer in question has workers' compensation? If they do, you may be barred from bringing a lawsuit at all... unless gross negligence was involved.

These type of cases are very complex, but our Dallas wrongful death attorneys are happy to provide you with a free consultation in order to explain exactly what options are available to you and your family. Our goal is to seek and recover compensation from those responsible for the death of your loved one. We will pursue compensation to cover losses such as loss of financial support, mental anguish, loss of companionship, hospital and funeral costs, and more.

Additionally, if your loved one’s death was caused by a defective piece of machinery or otherwise unsafe product, we may be able to pursue a product liability claim against the manufacturer.

Due to the complex nature of these cases, we’d like to invite you to give us a call today at (214) 617-1886, or email us using the contact form on this page.

Hurt in an accident while on the clock? Our attorneys can help!

If a person is injured in an automobile accident during the performance of his or her employment, it can evolve into a rather complex situation. The law works a bit differently with on-the-job injuries than it does when an accident occurs on your own time.

Anytime you are injured in a car accident while in the performance of your job, you will come up against some unique legal issues that do not develop in normal car accidents. One of the differences you will note is that if your employer has workers' compensation, it will have an impact on any potential settlement.

How workers' compensation plays a role.

The first thing you need to determine is if your employer actually subscribes to workers' compensation insurance. Contrary to popular belief, workers' comp is not required in Texas, and many employers choose to go without it. To learn whether or not you are covered by workers' comp, check this page on the Texas Department of Insurance website. If your employer does not subscribe to a state-approved WC insurance policy, your accident will be treated just the same as any other car accident. If your employer does have workers' compensation, your claim will work a bit differently.

While you will not be entitled to workers' compensation if you are involved in an accident during your commute to or from work, if you were driving while within the course and scope of your employment (e.g., driving between job sites, performing an errand such as picking up lunch at the request of your boss, etc.), any injuries you suffer in an accident could qualify for workers' compensation benefits.

It's important to understand that when you're injured in a car accident due to the negligence of another driver, whether or not you were on the clock at the time or in a company vehicle, your personal injury claim is with the other driver. It's also important to understand that workers' compensation is no-fault, meaning that they should pay WC benefits to workers injured while on the job, regardless of any determination of fault.

Steps you must take.

If you were injured in an accident while on the clock, you will need to file a workers' comp claim in order to receive medical treatment and compensation for time away from work. Unfortunately, workers' comp does not pay you 100% of your lost wages, and generally will not cover damages such as pain and suffering, disfigurement, etc.

If the accident was caused by another driver, your attorney will also need to file a personal injury claim with that driver's insurance company. If and when you settle your personal injury claim with the insurance company (or the case is decided in court), workers' comp is entitled to recover any money they previously paid you directly from your personal injury award. For example, if WC has paid you 70% of your wages for the two weeks of work you missed ($1,500), but you settled your injury claim for $30,000 with the driver's insurance company, $1,500 of your settlement will be paid to workers' comp. This is called subrogation.

What is subrogation?

Subrogation can be defined as the legal right of one party (in this case, your workers' comp insurance provider) who has made a payment to the victim which is technically owed by another party (in this case, the at-fault driver's insurance company), to collect the money directly from the party that owes the debt. Simply speaking, it gives your workers' comp provider the legal right to recoup any money they've paid you, should you receive compensation from the negligent party.

Do I need a lawyer?

If you've been injured, then yes, you will stand to benefit greatly from having an experienced Dallas personal injury attorney at your side. You only get one shot at a lawsuit, and something as simple as a missed deadline can result in your case being dismissed. Additionally, without an attorney, you have no leverage against the insurance company.

Do not make the mistake of thinking that auto insurance carriers are obligated to pay you for your injuries. While it's true that when it comes to workers’ compensation, life insurance, health insurance, and other types of insurance, the contracts state the carriers must pay you what they have agreed to pay provided you meet specific qualifying criteria. On the other hand, when the case involves obtaining money from the other party's insurance company, they don't legally owe you anything unless a court judgment says that they do.

The insurance company will only offer to settle with you in order to avoid a lawsuit that they feel they may lose. Without an attorney handling your case, the insurance company is simply not afraid of losing in court, and as such, will only offer a low-ball settlement. Just because your workers’ compensation carrier paid you with no problem does not mean that the other driver’s insurance company is going to be as quick or eager to pay you what you're owed.

While this may be confusing to read, rest assured that the attorneys at Rasansky Law Firm are very experienced in these type of car accident claims, and we will work hard to get you every penny you deserve. Call our Dallas car accident lawyers today at (214) 617-1886 for a free consultation.

Has a loved one suffered a fatal accident while on the job? Call the Dallas attorneys at Rasansky Law Firm at (214) 617-1886.

There is no doubt in anyone’s mind that if someone is deliberately killed, the police will pursue an arrest, and prosecutors who are employed for the State of Texas will prosecute the person responsible. Unfortunately, families of those killed through negligence (as is often the case in a work-related accident) are often left with no sense of justice. The negligent employer is not usually charged with a crime, and often faces no repercussions for their actions.

While the employer may escape criminal charges, the family of the victim is often allowed to hold the employer at least financially responsible by seeking compensation through a wrongful death lawsuit.

Wrongful death law in the state of Texas.

The legal options available to the victim's family are covered under the Texas Wrongful Death Act. Under the Texas Wrongful Death Act, beneficiaries are permitted to sue for the losses (damages) that they have suffered as a result, including: loss of financial support, loss of inheritance, loss of companionship, loss of affection, emotional distress, as well as funeral expenses and medical bills.

Additionally, the victim's family may also be able to bring what's called a survival action in order to seek compensation for the pain and suffering that the victim experienced prior to his or her untimely death.

Defining the term "wrongful death."

What are the circumstances that allow a person to file a wrongful death lawsuit in Texas? A wrongful death is simply the term used when a person dies because of an injury he or she sustained due to the negligence of someone else (directly or indirectly).

Another question that often arises is "who has to right to file a wrongful death lawsuit?" While there is certain to be a long list of people who are heavily affected by the wrongful death of a particular person, state law imposes limits on who can actually file a lawsuit for the wrongful death. These people generally include only spouses, children, and parents.

The law clearly excludes even stepchildren who were not adopted by the decedent, same-sex partners, long-time boyfriends and girlfriends, and even grandparents. Spouses, children (and sometimes parents) are called "statutory beneficiaries" and are the only people who have the right to sue.

Don’t rely on workers' compensation!

The families of workers killed on the job cannot rely on workers’ compensation to cover their actual losses related to the death. Workers' comp provides VERY limited death benefits, and does not even come close to reimbursing the family for their true losses. Unfortunately, if your employer DOES legitimately subscribe to workers' comp, they cannot be sued following a work accident, unless the death was caused by gross negligence.

Unlike other states, Texas does not require employers to carry workers’ compensation insurance; they are actually permitted to opt out. If they choose to opt out and self-insure instead of subscribing to state-run workers' comp coverage, they can be sued for 100% of the related damages. In an attempt to avoid paying the high premiums for workers' comp insurance, many Texas employers instead subscribe to a "copycat" insurance plan which tries to sound like workers' compensation. They're hoping that you or your lawyer won't notice this detail so that they can avoid a lawsuit. To combat this, our attorneys always verify coverage directly with the Texas Department of Insurance.

 

If you have a loved one who has been killed on the job as the result of the employer’s negligence, our office may be able to help. We will verify the status of the employer’s workers’ compensation coverage at no cost, and explain the options available to you and your family over the phone. To reach one of our experienced wrongful death lawyers for a free consultation, call us at (214) 617-1886 or email us using the contact form on this page.

Answer:

It is not necessary or even advisable to wait until OSHA finishes their investigation to gather necessary information related to a work accident case. In fact, you should begin gathering information and speaking with attorneys immediately after the accident!

Building your case is important and needs to be done as soon as possible. If you wait for OSHA to finish their investigation (which can take up to six months), you run the risk of potential witnesses forgetting very important information, video evidence being erased, etc, etc...

If an attorney is willing to take on your case, request that they send a spoliation letter to the employer immediately, and allow your legal team to start collecting evidence and building your case. You can be sure that the employer and their insurance company are already working on their defense, and waiting only puts you at a disadvantage right from the start.