by Stacey E. Burke on 02/14/2012
Industrial accidents can be extremely common. Many government agencies, both state and federal, regulate the behavior of companies owning and operating industrial facilities in an effort to protect workers. Unfortunately catastrophic and even fatal accidents happen all too often.
Saturday night, February 11, 2012, a 26 year-old industrial worker passed away after being injured at the New Jersey-based Dallas Group of America Inc.’s Port of Texas City facility. The worker was injured while working on industrial equipment, which is used to package products the company sells. He allegedly fell into or because entangled by heavy machinery. It is unknown at this time if the machinery he was working with or near at the time of his accident was defective. He was unfortunately pronounced dead shortly after his arrival at Clear Lake Regional Medical Center.
When a Texas native is killed on the job, the community rallies to show their support. While funeral arrangements are being made for a life lost too soon, the Occupational Safety and Health Administration (OSHA) begins its investigation into the Dallas Group’s Texas City operations. The plant itself was shut down after the fatal workplace accident.
In Texas, some fatal workplace accidents fall under Texas workers compensation laws. This means that comp benefits are provided to the legal dependents of the worker who was killed, and then the family may not legally file a lawsuit against the employer. However, an experienced personal injury lawyer will investigate each case to determine if a responsible third party exists. The jobsite owner or operator may not be the decedent’s employer, and therefore the survivors may legally be able to sue that entity. Additionally, independent contractors, subcontractors, or others supervising or controlling the deceased’s work at the time of his accident may be held legally responsible for the death. Furthermore, if the employer does not have workers compensation insurance, the family of the worker can file suit directly against the employer for the workplace fatality as a workers compensation nonsubscriber.
Texas workers injured on the job may be entitled to a financial award beyond workers compensation. The Texas-based personal injury lawyers of Watts Guerra Craft LLP have handled significant injury and wrongful death cases across the country, resulting in some of the largest verdicts in American legal history. If you or someone you care about were hurt in the workplace, please contact our team of 23 dedicated workplace accident attorneys now.blog comments powered by Disqus