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.
| Occupational Injury (Accident) in Texas Law |
|---|
Civil Practice and Remedies | Occupational+injury | pertaining to reports required for claims involving silica-related injury |
Government Code | Occupational+injury | pertaining to application for disability retirement benefits |
Health & Safety Code | Occupational+injury | pertaining to policies and procedures relating to workplace safety, sanitation of businesses, occupational health and safety, criminal penalties |
Insurance Code | Occupational+injury | pertaining to investigation files |
Labor Code | Occupational+injury | pertaining to date of injury for occupational disease, employer injury in occupational disease report, administrative violation |
Labor Code | Occupational+injury | pertaining to definition of medical benefit, definition of occupational disease, definition of orthotic device, confidential, investigation files, disclosure of certain information, liability for compensation, date of injury or occupational disease, notice of injury to employer, claim for compensation, judicial enforcement of order or decision, administrative violation, immunity from certain liability, employer injury and occupational disease report, medical advisor, reimbursement policies and guidelines, treatment guidelines and protocols, definition of safe |
