Killed At Work In Texas
If an employee is injured at work in Texas, many employers are subscribers to the Texas Workers’ Compensation system. This system provides payments for medical treatment and indemnity payments directly to the injured employee. However, more importantly for the employer, this system protects them from claims of negligence brought by their injured employees.
But, if that employee is killed through an on the job accident, how is that handled. First of all, the deceased workers’ spouse and/or dependents are entitled to benefits which will compensate them depending upon how they qualify as a dependent. These benefits are paid regardless of whose negligence caused the accident. The only requirement is that the deceased’s injuries occurred while they were in the course and scope of their employment and the employer has no affirmative defenses.
To qualify for benefits, the beneficiary needs to file a DWC-42 form. File this form as soon as possible. There generally is a one year deadline to file. But, there are exceptions for good cause and minors who are not of legal age.
If you have a loved one who was killed on the job in Texas, make sure that you have the case reviewed by an attorney. A law firm that is experienced at both workers’ compensation law and in general liability should advise you if there is a claim for gross negligence resulting in death, a third party claim and/or a products liability claim.
It is a horrible thing to lose a loved one as the result of an accident. Even though no amount of benefits can compensate for a lost loved one, make sure that their dependents receive all the benefits that the law allows.