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A fatal workplace accident leaves families facing unimaginable grief, financial uncertainty, and difficult legal questions. While many people assume workers’ compensation is the only available remedy after a workplace death, that is not always the case in Texas.
When someone other than the employer contributes to a fatal accident, surviving family members may have the right to pursue a third-party wrongful death claim. These claims can provide broader compensation while holding all responsible parties accountable.
When a Third Party Is Responsible
A third-party wrongful death claim arises when a company, contractor, manufacturer, property owner, or another individual outside the employer causes or contributes to a fatal workplace accident.
These cases are separate from workers’ compensation and require proof that the third party acted negligently. Because they are independent claims, they may allow surviving family members to pursue damages that workers’ compensation does not provide.
Workplace Accidents That May Involve Third Parties
Many fatal workplace accidents involve multiple companies operating at the same job site or outside vendors responsible for equipment or property maintenance.
Examples include:
- Construction accidents involving subcontractors or general contractors.
- Motor vehicle collisions caused by another driver while an employee is working.
- Defective machinery or industrial equipment.
- Falls caused by unsafe conditions on property owned by someone other than the employer.
- Oilfield or refinery accidents involving multiple contractors.
- Explosions or fires linked to defective products or negligent maintenance.
Determining who controlled the work area, equipment, or hazardous condition is often a critical part of the investigation.
How a Wrongful Death Claim Differs From Workers’ Compensation
Workers’ compensation provides limited benefits regardless of fault. A third-party wrongful death claim, however, is a personal injury action brought on behalf of eligible surviving family members.
Depending on the circumstances, a wrongful death claim may allow recovery for damages such as:
- Loss of financial support.
- Loss of companionship and guidance.
- Mental anguish experienced by surviving family members.
- Funeral and burial expenses.
- Other damages available under Texas wrongful death law.
When a Texas employer is a non-subscriber to workers’ compensation, additional claims against the employer may also be available, depending on the facts of the case.
Why Identifying Every Responsible Party Matters
Fatal workplace accidents are rarely caused by a single mistake. Multiple parties may contribute to the conditions that lead to a tragedy.
Potentially responsible parties may include:
- Equipment manufacturers.
- Property owners.
- General contractors.
- Subcontractors.
- Maintenance companies.
- Transportation companies.
- Outside vendors.
Each may carry separate insurance coverage, making it essential to investigate every possible source of liability.
Early Investigation Can Make a Difference
The evidence needed to prove a wrongful death claim can disappear quickly after a fatal workplace accident. Equipment may be repaired, surveillance footage overwritten, and job site conditions changed within days.
A thorough investigation may include reviewing safety records, preserving equipment, examining contracts between companies, interviewing witnesses, analyzing OSHA findings, and identifying all available insurance policies. Acting promptly helps preserve critical evidence and strengthens a family’s ability to pursue justice.
Charles J. Argento Helps Families Pursue Third-Party Wrongful Death Claims
The loss of a loved one in a workplace accident is devastating. When another company or individual contributed to the tragedy, surviving family members may have the right to pursue a wrongful death claim in addition to any workers’ compensation benefits that may apply.
For more than 30 years, Charles J. Argento has represented families in Houston and throughout Texas in complex workplace accident and wrongful death cases. The firm conducts thorough investigations, identifies all potentially responsible parties, and works to secure the full compensation available under Texas law.
If you lost a loved one in a fatal workplace accident, contact Charles J. Argento at (713) 225-5050 or reach out online for a free consultation. A prompt investigation can be critical to protecting your family’s rights.
