When a loved-one is killed at their work place or while on their job in Texas, you have important avenues available to you that require careful investigation by a severe injury law firm, as there is really no chance the company is going to tell you about them.
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When There is Workers' Compensation
When the loved-one who is killed while working is covered by workers' compensation in Texas, their family will have the right to claim certain benefits through workers' comp (now called Division of Workers' Compensation of the Texas Department of Insurance). (By searching AVVO or seeking a referral from a severe injury law firm, you should be able to find the right workers' compensation attorney to help you with those issues.) These workers' comp benefits are what is available instead of "actual damages" from the employer. But those benefits may not be the only rights that exist for a claim against the employer. Depending on the facts, the employer may be liable in "exemplary damages," as well. To evaluate that battle for the family, you will need to hire a severe injury law firm.
2
When Other People or Companies are Responsible for the Wrongful Death
Even when the company has workers' compensation, you may still have rights for "actual damages" against other people or companies that are responsible for your loved-one's loss. For example, landlords, independent contractors, unrelated drivers, manufacturers of defective products, and many others can sometimes be held responsible for their liability even if your loved-one's company has workers' comp. You cannot expect the company to tell you what you need to know about the others responsible, however, for several reasons. First, of course, they are not lawyers and may not realize the legal significance. Second, they may now want you to sue a company that they do business with. Third, lots of businesses look out for each other more than they do you and I. Finally, even if they suspect that some other company is at fault, they may fear getting in trouble or getting entangled if they point the finger.
3
When the Company Does Not Have REAL Workers' Compensation
More and more companies in Texas are choosing to operate without true workers' compensation. They are called "non-subscribers." To the employee and their family, however, it will not be obvious which situation you are in. To remove any doubt, you should speak with an attorney, as a company that does not have true workers' compensation will be very nervous and will not want you to realize that they do not have it. The difference between having it and not is huge in Texas. For example, when a company has it, as was mentioned above, they cannot be held liable for "actual damages." When a company does not have true workers' comp, and instead uses some other kind of insurance or benefits plan, not only do you still have the right to sue them for "actual damages," but the company actually loses some of its rights, such as the ability to blame your loved-one for a portion of the fault.
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