On Dec. 17, the U.S. Bureau of Labor Statistics announced that the number of work-related fatalities in 2018 showed an increase for the fourth time in the past five years. According to the American Society of Safety Professionals, most workplace accidents are preventable, given the innovations and all the tools available to employers in Texas and across the country. More and more employers nationwide face wrongful death claims filed by surviving family members who claim that employers' gross negligence led to the deaths of their loved ones.
Employers nationwide, including here in Texas, must protect the health and safety of their employees. Their responsibilities include compliance with federal and state safety standards including but not limited to OSHA. Even if an employer has workers' compensation coverage, if an employee dies due to an employer's gross negligence, the surviving family members may pursue financial relief by filing a wrongful death lawsuit.
Wrongful death lawsuits may seem fairly straightforward: a person is killed due to the negligence of another, and another person subsequently brings a lawsuit on the decedent's behalf. Yet who exactly can file a wrongful death lawsuit?
It might be assumed by many in Houston that when a person is taken into police custody, many of their rights are forfeited until their cases can be heard at an arraignment. Yet that is simply not the case. Even in matters related to their arrests, a defendant has the right to seek counsel from a legal or psychological professional and health care treatment if it is needed. In cases involving the latter, needed care should be rendered before a person is even taken in by authorities to be detained. That way any medical issues that they may be suffering from can be addressed to ensure that they are healthy enough to go into police custody.