EXPERIENCED WORKPLACE DEATH ATTORNEYS
Despite advances in workplace safety and regulations, on the job deaths do occur. According to data released by the Federal Bureau of Labor Statistics (BLS) in December 2016, there were 4,836 on the job deaths recorded in 2015, the highest total recorded since 2008. This averages to about 13 deaths every day.
Among the leading causes of workplace fatalities were:
- Transportation incidents — 2,054 deaths
- Falls, slips, and trips — 800 deaths
- Contact with object and equipment — 722 deaths
- Injuries caused by persons or animals — 703 deaths
- Exposure to harmful substances or environments — 424 deaths
- Fires and explosions — 121 deaths
Additionally, the BLS determined that men accounted for 97% of workplace fatalities and workplace fatality rates tended to increase by age. About 20% of the deaths recorded occurred in construction.
RECOVERING PUNITIVE DAMAGES FOR AN ON THE JOB DEATH
Many employers carry some for of workers’ compensation insurance. In the event of a worker’s death, his or her family receives partial income replacement benefits for a period of time. When workers compensation is accessible, the worker’s family is not allowed to sue the employer for actual damages even if the employee’s death was the result of negligence. However, this does not mean that an employer is immune from paying punitive damages.
Punitive damages may be pursued when a worker’s death is the result of gross negligence, meaning the victim’s death was caused by a risk known to the company but ignored despite their knowledge.
When punitive damages are pursued in place of workers’ compensation, the plaintiff may sue for two times the economic damages in addition to $750,000 of non-economic damages. As such, the plaintiff becomes responsible for proving actual damages (even though they are not recoverable) in order for the punitive damages to be calculated.
This is why it is best to have an attorney who is experienced in handling and proving on the job injury and wrongful death lawsuits.
If you are considering filing for punitive damages, ask yourself the following:
- Am I the spouse of the deceased worker/did the deceased worker have children?
- Was the death caused by gross negligence?
- Is the gross negligence attributable to a manager or supervisor or caused by conduct that was approved by the company?
If the answer to all three of these questions is “Yes” then you may be eligible for punitive damages under Texas Law. Contact Thomas J. Henry for a free consultation and case evaluation.
THE BEST EXPERT WITNESSES FOR YOUR WORKPLACE DEATH LAWSUIT
The advancement of your workplace death lawsuit can be aided by the employment of expert witnesses. Expert witnesses, or judicial experts, are individuals with specialized knowledge in a particular subject or field of study, outside of the realm of an average person. These experts can provide reports and testimonies in Federal and State court trials and arbitration.
It is paramount that the right expert and the best expert is employed in your on the job death case. From across the country, we seek out and retain the best experts in their field. Thomas J. Henry has spent years finding the best expert witnesses available to use in workplace accident lawsuits. Every potential expert witness we engage with has been examined and questioned and thoroughly researched before they ever participate in any aspect of your case.
Our attorneys are always searching for new and innovative ways to use an expert in a workplace death lawsuit. There are several different types of experts that can be used in an on the job accident case, including:
- Ladder experts
- Safety equipment experts
- Industrial engineers
- OSHA consultants
- Hazardous chemical experts
- Accident reconstruction experts
- Process safety management experts
- Workplace safety compliance experts
- Confined space permit experts
- Welding experts
This is by no means an exhaustive list of experts we employ for fatal workplace injury cases. Because of the litany of experts we use in each personal injury case, we can bring in information to your case that many other law firms are unable to. We handle each one of our clients’ cases with extreme efficiency and care, and employing the best experts in the country on their behalf plays a big role.
CONTACT AN EXPERIENCED WORKPLACE DEATH ATTORNEY
If your loved one was fatally injured while on the job, contact Thomas J. Henry. We will take immediate action on your case by preserving evidence and investigating the details surrounding your loved one’s death. We understand how difficult of a time it can be after a loved one’s passing. Let us take care of the hassles and stresses of the legal process while you and your family focus on mourning and recovering.
Our experienced wrongful death attorneys will work diligently to put your family in the best possible position to obtain the maximum amount of compensation. Thomas J. Henry has a record for achieving real results for clients. Contact us today for a free case review. Our firm has offices in Corpus Christi, San Antonio, and Houston, serving clients across Texas and nationwide.