This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

There are a Variety of Types of Workplace Accidents

From serious 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 you must begin 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 not an easy task when a workplace injury happens. 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 in order 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 lead attorney has been fighting for work injury victims` rights for decades. Call us to discuss your case. 1(800) 862-1260

Workers’ comp benefits are paid out of a pool of funds that are provided by private insurance carriers who participate in the program. Basically, 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 because by paying for injuries through the program’s “umbrella coverage,” subscriber employers are generally protected from civil lawsuits arising from workplace accidents. And 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” amounts rarely, if ever, fully compensate death benefits and other fair damages to families of employees who are killed in a Texas workplace accident. The exception to this inability to sue is employer gross negligence.

Unless the employer has committed gross (or willful) negligence that produces the wrongful death, the subscriber-employer cannot be sued. And unless the facts of the case are clearly overwhelming, such blatant negligence is very difficult to prove. In a wrongful death workers comp claim, an insurance company that is 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 the odds highly unlikely that the victim’s survivors will receive the fair and appropriate compensation to which they are entitled without suing the grossly negligent employer.

But on the other hand, in order 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 of proving traditional subscriber negligence. And 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 Firm can get correctly determined your deceased loved one’s employer’s workers’ comp status, so you know what legal avenues are available to you. 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.

We Help You Recover From the Shocking Loss of Your Beloved Family Member
The fatal work accident attorneys at our Texas Law Firm help you win the compensation you deserve.

We have been litigating and resolving workplace wrongful death cases all over Texas for decades. We have successfully negotiated countless settlements and argued many cases against every major insurance provider in the nation. We have a history of success and won numerous fair settlements for our clients on behalf of their deceased loved ones. Insurance companies know our track record and don’t want to see us in court. As a result, they often offer our clients attractive settlements without the stress and uncertainty of a jury trial.

The fatal workplace accident attorneys with our Law Firm do whatever is necessary to help you obtain justice and fair restitution for the loved one that has been taken from you. To find out how we can help, call for a free consultation that will be the first step to finding peace of mind in memory of your dearly departed family member.