Accidental Injury and Death
There are many state and federal regulations designed to keep workers safe. On-the-job injuries have serious ramifications causing employees to miss time from work and sometimes incur large medical bills.
Many on-the-job injuries can involve defective products or negligence. You may be able to seek legal damages even if your employer is subscribed to workers compensation.
Each year about 6,000 children die from accidental injuries. Although it is impossible to truly compensate parents or guardians for the wrongful death of a child it is sometimes possible to seek recovery from the courts for financial and emotional losses.
In Texas, there are two different types of actions that can be taken when somebody is wrongfully killed. The first is called a wrongful death action, and the second a survival action.
A wrongful death has occurred whenever a person is killed because of the negligence or liability of a person or entity. The Texas wrongful death statute originally codified in 1860 provides exclusive remedy for wrongful death in the state of Texas, compensating the decedent's spouse parents and/or children for any losses sustained as a result of the injury or death.
A survival action which is separate and distinct from a wrongful death action arises when a person is liable for damages for injury that causes an individual's death if the injury was caused by the persons wrongful act, neglect, carelessness, unskillfulness or default and where the individual injured would have been entitled to bring an action for the injury if he or she had lived.
Accidental Injury (Accident) in Texas Law |
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Civil Practice and Remedies | Accident+injur* | pertaining to lawsuits against life insurance company or associations, limited liability of owners, operator of a motor vehicle | Criminal Procedure | Accident+injur* | pertaining to crime of violence, | Education Code | Accident+injur* | pertaining to bus accidents | Family Code | Accident+injur* | pertaining to definition of abuse, harm to a child, physical injury to a child | Government Code | Accident+injur* | pertaining to handgun proficiency, proper storage for handguns, qualified handgun instructors, active and retired judicial officers, limitation of liability, child safety month, occupational death, death from injury | Health & Safety Code | Accident+injur* | pertaining to minimum standards for the reporting and investigation of injuries, reporting fatalities and injuries of employees, employee accident, investigation, registration proceedings, injunction, emergency orders, good cause, consent for emergency care, unable to communicate because of injury | Insurance Code | Accident+injur* | pertaining to accident insurance companies, bodily injury, disability, insurance loss or damage from an accident or injury, benefits authorized, authorized coverages, provision of certain insurance services by automobile club, certificate of participation, policy provision, reinstatement, notice required, state-mandated health benefits, explosion insurance, personal injury protection, certain business prohibited, license holder may not solicitor to solicit business | Insurance Code (not codified) | Accident+injur* | pertaining to insurance company, rating and policy forms | Labor Code | Accident+injur* | pertaining to payment of healthcare provider, contested defensibility of an injury, cost of health insurance, certain exceptions from timely submission of plane, immunity from liability, accident reports | Local Government Code | Accident+injur* | pertaining to liability insurance for fire and police department officers and employees driving emergency vehicles, municipality liability insurance, motor vehicle liability insurance for fire and police department officers and employees of a municipality | Natural Resources Code | Accident+injur* | pertaining to liability insurance policy | Occupation Code | Accident+injur* | pertaining to notification by pharmacy, written report of accident, investigations company, training programs, proper storage for handguns | Parks and Wildlife Code | Accident+injur* | pertaining to written identification of vessel to injured p person, accident or, duty of operators, penalties, drug and alcohol testing, party boat | Penal Code | Accident+injur* | pertaining to solicitation of professional employment, barratry | Transportation Code | Accident+injur* | pertaining to duty to stop and render aid, reasonable assistance, accident reports, accidents involving bicyclist or pedestrian, statistical information, emergency contact and medical information database, determination for license suspension, driving while license invalid, effective conviction, authority of municipality to alter speed limits, accidental personal injury or death, duty to give information and render aid, immediate report of accident, investigation by a peace officer, operators accident report, officers accident report, release of information relating to accidents, municipal authority to require accident reports, judgment, satisfy judgment, bodily injury, cancellation, return, or waiver of evidence of financial responsibility, minimum coverage amounts, exclusions, failure to provide evidence of financial responsibility, magistrates inquiry and order, offenses relating to not wearing protective headgear, minimum coverage amounts, common-law defenses, filing of information, automobile club, governors responsibility, accidental injury and death benefits insurance coverage | Property Code | Accident+injur* | pertaining to means, hospital, emergency medical service of either, property to which lean attaches, injured individual, insurance policy, amount of lien, securing mean, county clerk | Vernons Civil Statutes | Accident+injur* | pertaining to industrial accident board, catastrophic injury, life-threatening injury, motor vehicle accident, stop after an accident, rendering aid, interchange cars, freight forms | Water Code | Accident+injur* | pertaining to evaporation pits, financial responsibility, issuance of permits, injection well, disposal of hazardous waste, amortization and emergency fund, inspections |
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