Austin, TX (Law Firm Newswire)June 29, 2021 – A 22-year-old man died in a work-related forklift accident in San Antonio in July 2019. His father filed a $1 million wrongful death lawsuit. However, the suit was not successful. The family received benefits from workers’ compensation, paid out over two years.
The young man died at his employer’s worksite after being pinned under a forklift. The employer offered to pay for the young man’s funeral expenses, but the offer came after the burial.
If an employer carries workers’ compensation insurance in the Lone Star State, then the worker’s compensation policy is the only remedy against the employer for someone injured or killed while on the job. The one exception to this rule is if the worker’s death resulted from gross negligence or intentional conduct.
“The Occupational Safety and Health Administration (OSHA) fined the young man’s company over $22,000 for the accident,” explained Brooks Schuelke, an Austin wrongful death attorney not involved in the case.
Damages in a Texas Wrongful Death Claim
The parents of a decedent, surviving children or spouse may file a wrongful death lawsuit for losing their loved one. A survival action is also available. The survival action is brought on behalf of the deceased. “It allows a personal injury lawsuit after a plaintiff’s death,” said Schuelke.
The damages available in a wrongful death action in Texas include:
Loss of companionship
Loss of society, comfort, love
Lost earning capacity
Emotional pain and mental anguish suffered by survivors
Lost value of household services
Loss of inheritance
“Being involved in a wrongful death action, such as this one, is difficult for everyone. Any compensation recovered is not going to bring the deceased back, but it does allow the family to cope with moving forward,” Schuelke commented.
Schuelke Law PLLC
3011 N. Lamar Blvd
Austin, TX 78705
Call (512) 476-4944
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