No one should ever end up losing their life because of another person’s irresponsible actions. Unfortunately, that exact scenario happens on construction sites across Texas each year. If your family suddenly lost a loved one due to a construction accident, understanding your options for pursuing financial recovery can be absolutely vital to minimizing the financial and personal impact of the loss on your life and your family’s future.
Austin fatal construction accidents can be the basis for comprehensive wrongful death lawsuits and survival actions, and you may be able to receive certain workers’ compensation benefits if your family member had this valuable coverage prior to their death. No matter what, though, support from a compassionate construction accident attorney can make a big difference in how efficiently and effectively you can pursue the compensation you deserve.
Any time a worker suffers fatal injuries while working on a construction site, certain immediate family members may have standing to seek financial restitution in their loved one’s name. More specifically, Texas Civil Practice & Remedies Code §71.004 allows the decedent’s surviving spouse, child(ren), and/or parents to file a wrongful death claim and seek compensation for fatal construction injuries. If none of those parties file suit within three months of the decedent’s passing, the decedent’s estate executor or administrator can pursue a claim until the statute of limitations for this type of civil claims expires, which is typically two years after the decedent’s death date.
If a construction worker killed in a work-related accident had workers’ comp coverage through their employer, their surviving spouse as well as any dependent minor children—including not just minor children but also grandchildren, parents, siblings, and grandparents as applicable—can receive death benefits through that workers’ comp policy. However, this is not always available after fatal construction accidents since state law does not require construction companies to provide this coverage to all their employees. A knowledgeable Austin lawyer can help determine whether workers’ compensation benefits are an option after a fatal construction injury in Austin.
There are two types of civil lawsuits that eligible family members of someone killed in a fatal construction accident in Austin can file: a wrongful death action and a survival action. The former is meant to compensate surviving family members for the losses they will experience due to their loved one’s death, such as lost financial support, lost love and companionship, and emotional anguish. The latter is meant to recover for losses the decedent sustained after the accident but before their passing, such as the cost of emergency medical treatment.
Conversely, some people may be able to recover death benefits through the workers’ comp program. These payments are typically 75 percent of the deceased worker’s average weekly wage prior to their accident and are subject to minimum and maximum limits which a qualified legal professional can further explain. These benefits may last for different lengths of time depending on when or if the decedent’s spouse remarries, what unique needs the decedent’s children have, and how many dependents the decedent had before passing away. A dedicated Austin attorney can help a decedent’s family determine the scope and type of compensation they are entitled to after losing a loved one due to a fatal construction accident.
Construction can be an inherently dangerous line of work, especially if other people on the site fail to act responsibly and follow safety precautions. If someone else’s negligence on a construction site has directly led to you losing a loved one, you deserve fair financial recovery.
Austin fatal construction accidents can make for uniquely challenging civil claims on both legal and emotional levels. Call today to learn how a qualified construction injury lawyer could assist you.