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Employees still going into work during the coronavirus epidemic often face increased risks in the workplace. Many OSHA regulations and other safety standards place strict requirements on employers to keep the workplace safe. If you lost a loved one because their employer failed to take coronavirus concerns or other workplace safety concerns seriously during the pandemic, you might be entitled to sue their employer for your loss.
Our Texas attorneys for deaths caused by COVID-19 (coronavirus) workplace negligence might be able to help. The Queenan Law Firm’s workplace wrongful death lawyers help the families of workplace accident victims fight to get compensation for the damages they face in the wake of a loved one’s death. For a free legal consultation on your potential case, call us today at (817) 476-1797.
Suing an Employer for Workplace Wrongful Deaths Caused by Coronavirus Negligence in Texas
Employers are generally required to keep the workplace safe for workers. This means providing safety equipment, personal protective equipment, and safe work environments as needed. Many state and federal regulations place specific requirements on employers in some industries for training, operational requirements, and equipment requirements. If your loved one’s employer failed to follow these standards, your loved one might have been injured in an accident or made ill from COVID-19 or other health risks. If this negligence led to their death, you might be entitled to sue the employer.
Texas allows workers to opt out of the workers’ compensation system. While workers who have workers’ comp. must usually file through that system instead of suing, workers who opted out of workers’ comp. when they started their job usually retain their right to sue their employer for injuries at work. Their loved ones can also sue in the case of an accidental or avoidable death at work. If your loved one did have workers’ comp., you might have to file through that system instead of filing a lawsuit against their employer. However, lawsuits might be allowed for intentional negligence, certain types of accidents, or injuries caused by third parties, such as equipment manufacturers.
Usually, the immediate family of the deceased is permitted to file a wrongful death lawsuit. This means that the deceased’s spouse, children, or parents can file. Typically, adoptive children are included in this, but siblings, nieces and nephews, cousins, and other people who might have been under the deceased’s care might have trouble suing. Our attorneys can help guide you through the process and fight to help you get the compensation you need from a negligent employer.
Proving Fault in a Coronavirus Workplace Death Lawsuit in Texas
To win a wrongful death lawsuit against an employer, you need to prove that the employer was responsible for the injuries or illness that led to your loved one’s death. This means that the fact that an accident happened at work is not usually enough to prove that the employer is responsible.
Oftentimes, an employer is responsible because they failed to provide safety gear or provided defective safety gear to their workers. During the coronavirus pandemic, some personal protective gear is in short supply, which means that hospital workers might not have access to all the gear they needed. Still, employers might be held responsible for continuing to keep these workers on the job without the required gear. Other safety gear in other industries might also be required for the employer to avoid claims of negligence. Wrongful death claims could also be based on dangerous premises, poorly maintained equipment, or a lack supervision or safety training.
If your loved one was exposed to illness or injury because of the employer’s negligence, you must also prove that that injury or illness actually caused your loved one’s death. Employers might try to claim that your loved one got sick outside of work or that other injuries they sustained outside of work caused their injuries, not their workplace accident. In some cases, this might mean your lawyer needs to trace down how an illness or injury was acquired, potentially requiring testimony from other people in your loved one’s life.
Damages in a Lawsuit for a Death at Work Caused by Coronavirus or COVID-19
If your loved one passed away because of negligent conditions in the workplace, you could be entitled to substantial compensation. The damages that you can claim in a wrongful death lawsuit against your loved one’s employer can often include compensation for their pain and suffering and medical expenses leading up to their death. In some cases, especially cases involving coronavirus or COVID-19, those damages could be substantial.
You and your family might face additional damages after the death. The cost of funeral and burial expenses are the first area of damages you might face. During the coronavirus pandemic, this might mean additional expenses because of crowded funeral homes and other issues. You could also be entitled to damages for the other harm your family faces, such as lost companionship, lost spousal services, lost household services, and more.
Talk to an attorney about what your case might be worth. Each case is unique, and damages might be higher if the employer was grossly negligent or committed a series of serious violations.
Call Our Texas Lawyers for Coronavirus Deaths Caused by Workplace Negligence
If you lost a loved one to a workplace accident or illness, contact The Queenan Law Firm. Our Texas attorneys for deaths caused by COVID-19 (coronavirus) workplace negligence might be able to help with your case. Call us today to learn more about how to proceed with your case and for more information about what your claim might be worth. Our phone number is (817) 476-1797.