When fatal accidents happen at work, the family may want to file a wrongful death lawsuit.
The day started out like any other workday for the 44-year-old Texas oil field worker. He got to work and started getting ready to get on with his day. The man and his co-worker were working on a pipe rack late in the morning, moving drilling collars, when the pipes gave way and shifted and slipped. The 44-year-old man was trapped between the pipes and suffered injuries so severe that he died when he arrived at hospital a short time later.
The co-worker was fortunate enough to still be alive, sustaining only a leg injury. The U.S. OSHA will be investigating the scene and will likely have a list of questions they want answered about why and how the accident happened.
“They will want to know how well the pipes were secured and if they were secured properly. They will also want to know if both men were working according to safety rules and regulations and had the proper equipment with them that day. If there was negligence involved, this will also be something the investigators will want to pinpoint,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.
In Texas, even though an injured worker may sue, he may not be able to sue his employer. Under Texas law, an employee generally cannot sue his employer if the employer carries worker’s compensation insurance.
“It’s not clear in this particular case if the employer did provide workers’ compensation, but that is an issue that would need to be checked. If there was workers’ comp, this may leave a worker high and dry in terms of his or her ability to recover financial compensation for their injuries,” Schuelke said.
“If you have been in a situation like this, you will want to talk to an Austin personal injury lawyer about how to proceed. This case could be filed as a wrongful death lawsuit as opposed to a personal injury lawsuit, but you would need to know what would be involved. The law changes in this area fairly rapidly and in speaking to a competent Austin personal injury lawyer, you stand a better chance to get justice for your loss,” Schuelke said.
Contact Perlmutter & Schuelke PLLC at https://www.civtrial.com or (512) 476-4944.
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