My spouse died in a Houston work accident. Can I sue his employer?
A: Houston work accident lawyers respond that extensive lobbying by the insurance and business lobbies set the stage for passage of the Texas worker's compensation act in the early 1990s. Texas, unlike many states, allows employers to choose whether or they want to purchase workers’ compensation insurance. The workers’ comp laws provide that employers who subscribe to the workers' comp scheme and purchase the insurance coverage are nearly always protected from lawsuits by their employees who are injured on the job.
Workers' comp also protects subscribing employers from lawsuits by the surviving family members of workers killed on the job. But when the employee dies because of the employer’s gross negligence, the surviving family might be eligible to sue for their losses from the fatality.
Gross negligence exists at a step above the standard of ordinary negligence that applies in most civil liability claims. Gross negligence occurs when the employer reasonably could or should have known of the danger to the employee, and yet failed to take precautions against the danger that injured him.
Gross negligence is difficult to prove and requires carefully developed legal arguments and solid, believable evidence. If you believe a work accident caused by employer gross negligence wrongfully killed your loved one, contact one of our Houston work accident lawyers right away for your free and confidential legal consultation to discuss your case. Because of the workers’ comp statutory bias in favor of insulating employers from work accident lawsuits, you will need the skill of a dedicated Houston work accident lawyer in order to successfully prove your claim and win the compensation you richly deserve for your tragic loss.
Call us at 877-307-9500 to speak with a Board Certified Houston Personal Injury Attorney about YOUR case today!