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.


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

Agriculture Code


pertaining to applicator businesses, proof of financial responsibility, care and treatment of animals and facilities

Civil Practice and Remedies


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


pertaining to railroad peace officers

Education Code


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


pertaining to interstate compact for juveniles, agency investigation, definition of abuse, definition of neglect

Government Code


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


pertaining to needleless systems, confidentiality, sanitation of business, occupational health and safety, insurance requirement, attack by animal,

Insurance Code


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


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


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


pertaining to disability compensation, employee withdrawal from sick leave pool, indemnity

Natural Resources Code


pertaining to plugging by commission, leaking well

Occupation Code


pertaining to immunity, insurance requirement, public display permit, liability for by evils

Special Districts Code


pertaining to limited liability for aquatic herbicide application

Transportation Code


pertaining to liability for injury to or death of an employee

Transportation Code


pertaining to contributory negligence, assumed risk, liability offset, injury to fellow servant, prohibited terms

Utility Code


pertaining to indemnity in connection with right of way notice of liability


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