Accidental Death and Injury in Texas Law
Many state and federal laws are designed to protect workers. Injuries on the job can have serious consequences, causing employees to miss work and incur high medical costs.
Defective products or negligence can be the cause of many workplace injuries. Even if you are covered by workers compensation, you may still be entitled to legal damages.
Around 6,000 children are killed by accidents every year. It is not possible to compensate parents for the death of their child, but it is sometimes possible to recover from the court for emotional and financial losses.
Texas allows for two types of legal action when someone is wrongfully murdered. The first type of action is called a wrongful-death action and the second, a survival action.
When a person dies because of negligence or liability, it is a wrongful death. The Texas wrongful-death statute, originally codified in 1861, provides the exclusive remedy in Texas for wrongful deaths. It compensates the spouse, parents or children of the deceased for any losses they may have suffered as a result.
Survival actions are separate from wrongful death actions. They arise when an individual is responsible for damages if they caused an injury to another person's death through their wrongful acts, negligence, carelessness, unskillfulness, or default. The individual would have had the right to sue for that injury if they were still alive.
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The law is in a constant state of change. Some of this information may be inaccurate or incomplete and should not be relied upon without the advice of legal counsel. Employee Injury (Accident) in Texas Law |
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Agriculture Code | Employee+injury* | pertaining to applicator businesses, proof of financial responsibility, care and treatment of animals and facilities | Civil Practice and Remedies | Employee+injury* | pertaining to notification requirements, employee liability, organizations liability, liability of hospitals, applicability, liability for acts of independent contractors, evidence admissible, governmental liability, mutual indemnity obligation, unilateral indemnity obligation | Criminal Procedure | Employee+injury* | pertaining to railroad peace officers | Education Code | Employee+injury* | pertaining to minimum personal leave program, immunity from liability, insurance against students injuries, insurance for certain school activities, cooperation with federal agencies, rule fire protection, fire training, disposition of used or obsolete equipment | Family Code | Employee+injury* | pertaining to interstate compact for juveniles, agency investigation, definition of abuse, definition of neglect | Government Code | Employee+injury* | pertaining to clearance of debris, part-time fire protection employees, overtime compensation for employees not subject to fair labor standards, reductions in pay, withdrawal of time from pool, limitation on withdrawals, entitlement to sick leave, indemnity provisions and construction contracts | Health & Safety Code | Employee+injury* | pertaining to needleless systems, confidentiality, sanitation of business, occupational health and safety, insurance requirement, attack by animal, | Insurance Code | Employee+injury* | pertaining to exceptions, payments in lieu of wages, employee absence for injury, kinds of insurance authorize, participation in network, notice of network requirements, treating doctor, referrals, selection of treating doctor, treatment by a primary care physician, employee information, eligibility for premium discount, required insurance coverage for registration certificate | Labor Code | Employee+injury* | pertaining to definition of course and scope of employment, healthcare reasonably required, definition of medical benefit, release of information, liability for compensation, exceptions, common-law defenses, burden of proof, effect of other insurance coverage, cause of action, exclusive remedy, exemplary damages, survival of cause of action, reimbursable employer payments, salary continuation, offset against income benefits, designated dr. examination, medical examination by treating doctor to define compensable injury, date of injury for occupational disease, entitlement to medical benefits, requests for description of employment, payment of health care provider, average weekly wage, part-time employee or employee with multiple employment, average weekly wage for seasonal employee, average weekly wage for minor apprentice or trainee, average weekly wage for student, school district employee, wage presumptions, administrative violation, amount of temporary income benefits, salary continuation in lieu of temporary income benefits, medical examinations for supplemental income benefits, subsequent injury fund benefits, death benefits | Labor Code | Employee+injury* | pertaining to distribution of death benefits, burial benefits, notice of injury to employer, claim for compensation, report of injury, modified duty program notice, administrative violation, record of injuries, failure to file implore your report of injury, information provided to employee or legal beneficiary, locational rehabilitation information, judicial enforcement of order or decision, time before filing petition, venue, immunity from certain liability, employer injury and occupational disease report, definition of safe, boards report to legislature, return to work coordination services, third-party liability, employer liability to third-party, workers compensation coverage for employees, coverage for out-of-state employees, coverage for certain services provided by volunteers, pre-existing disqualifying condition, coverage for out-of-state employees, sick leave benefits | Local Government Code | Employee+injury* | pertaining to disability compensation, employee withdrawal from sick leave pool, indemnity | Natural Resources Code | Employee+injury* | pertaining to plugging by commission, leaking well | Occupation Code | Employee+injury* | pertaining to immunity, insurance requirement, public display permit, liability for by evils | Special Districts Code | Employee+injury* | pertaining to limited liability for aquatic herbicide application | Transportation Code | Employee+injury* | pertaining to liability for injury to or death of an employee | Transportation Code | Employee+injury* | pertaining to contributory negligence, assumed risk, liability offset, injury to fellow servant, prohibited terms | Utility Code | Employee+injury* | pertaining to indemnity in connection with right of way notice of liability |
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