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.
Workplace Injury (Accident) in Texas Law |
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Government Code | Accident+work* | pertaining to overtime compensation for employee fair labor standards act, reduction in pay, death from injury |
Health & Safety Code | Accident+work* | pertaining to testing for accidental exposure, health care worker, blood |
Insurance Code | Accident+work* | pertaining to incidental group automobile insurance, exceptions, accident investigations, monitoring and, worksite, workers compensation, policyholder, payment of class to public securities, exemptions,administrators |
Insurance Code (not codified) | Accident+work* | pertaining to premium rating plans, board of insurance commissioners |
Labor Code | Accident+work* | pertaining to exceptions to wages, payment for sickness or accident disability, payment of health care provider, insurance carrier, accident prevention services, prerequisite for license, annual information submitted by insurance company, noticed the policyholders, individuals employed by subcontractors, accident prevention |
Labor Code | Accident+work* | pertaining to personnel rules applying to juvenile and probation officers, court reporters, county auditor's office, hours of work |
Local Government Code | Accident+work* | pertaining to personnel rules applying to juvenile probation officers, court reporters, and county auditor's office |
Natural Resources Code | Accident+work* | pertaining to insurance requirements, workers compensation |
Vernons Civil Statutes | Accident+work* | pertaining to exceptions, employee absence |