Fatal San Antonio Workplace Accidents

Michael Grossman, San Antonio Wrongful Death Attorney, Discusses Fatal Workplace Accidents

If you have lost someone you love in an on the job injury, you probably wish to seek justice through a wrongful death lawsuit. Many families do not know whether or not they should hire a fatal work accident attorney.

Do you have a legal question?
Enter your phone number below and let's talk.
--

Work injury law in the state of Texas is highly technical, and employers have numerous tricks available that they can use to avoid compensating you for your loss. A non-attorney has almost no chance of success filing this lawsuit on his or her own. However, experienced San Antonio wrongful death attorney Michael Grossman has the skills necessary to help you get justice for the loss of your loved one. He is here now to tell you about how fatal work accident lawsuits work and what you will be up against.


Types of Fatal Work Accidents

Work accidents can include virtually any type of on the job accident, including industrial accidents, construction accidents, oilfield and pipeline explosions, accidents caused by motorists, or even a slip and fall while on the job. In almost every case, an injured employee can seek compensation through some avenue or another, but the process is rarely simple. Many different factors can influence how you must handle your case. Is your loved one’s former employer protected by workers’ compensation insurance? Was your loved one a contractor/freelancer or a general employee? Was your loved one’s employer grossly negligent? In each of these scenarios, different legal options are available and a unique strategy must be custom tailored on a case by case basis. As you can see, work injury cases should only be handled by experienced attorneys.


Why are Work Accident Cases so Technical in Nature?

The most prominent hurdle that plaintiffs face when filing a work injury case or a work-related wrongful death case is workers’ compensation. In a nutshell, workers’ compensation is insurance that makes employers immune to lawsuits filed by an injured employee or a deceased employee’s family. This insurance is the product of pro-business lobbying conducted toward the state legislature. In spite of these hurdles, an experienced work injury attorney can still help injured workers and their families in most cases.


What is Gross Negligence and How Does it Differ From Standard Negligence in a Work-Related Death Case?

When looking at a work-related wrongful death case, we are considering two different types of negligence: standard negligence and gross negligence. If the employer does not subscribe to a Texas workers’ comp policy then the plaintiffs must only prove that the employee’s death was the result of negligence. However, if the employer subscribes to Texas workers’ comp coverage then the plaintiffs must prove that the company was grossly negligent. This higher standard of proof makes it more challenging to hold the defendant liable. Therefore, it is vital to adequately prove these allegations. Many lesser experienced attorneys can make simple oversights that let the defendants slip through their grasp. Armed with the requisite knowledge and experience in work-related fatality cases, our attorneys can help you prove that your loved one’s employer was grossly negligent and that you deserve compensation.

The difference between these two forms of negligence is that standard negligence is a usually the result of a momentary lapse in judgment, while gross negligence is wanton or reckless disregard for safety. For example, if a worker is using a nail gun and a nail accidentally ricochets and hits a coworker, the worker operating the nail gun is probably guilty of standard negligence. However, if this same worker has already injured three other workers with a nail gun and accidentally hurts a fourth, the worker would likely be guilty of gross negligence since the problem with the nail gun was well known and the accident was entirely foreseeable. As another example: if a driver causes a car accident because he or she stopped paying attention for a moment, the driver likely committed an act of negligence. If a drunk driver or someone street racing causes an accident, that is gross negligence. In order for an employer to be grossly negligent, that employer must have known that a dangerous outcome was likely but deliberately chose not to take steps to avoid an accident.

Do you have a legal question?
Enter your phone number below and let's talk.
--

As another example, if an oil pipeline explodes in a freak accident that no one predicted, while everyone working at the oil rig was following standard safety procedures, that would likely be negligence. However, if numerous workers have warned oil executives about the dangers of certain drilling practices and yet those drilling practices continue and cause a deadly accident, then the employers would likely be considered grossly negligent.


How Grossman Law Offices Can Help

As you might imagine, proving gross negligence is not easy in most cases. Proving gross negligence typically involves thorough investigations of the scene of the accident, as well as testimony from numerous witnesses who were involved in the incident or have an in-depth knowledge of the relevant industry. Meanwhile, the employer’s defense lawyers will be building a case against you. The defense lawyers do not even have to argue against negligence. They can flat out admit that your loved one’s employer was negligent, but unless you can prove gross negligence, you simply will not receive compensation.

However, our attorneys are dedicated to making sure that this does not happen to you. When we take a case, we conduct an in-depth examination of all the relevant evidence, and we know how to secure the witness testimonies and gather/ preserve all of the data needed to validate your claim. Furthermore, we attempt to seek compensation from any liable third parties in addition to your loved one’s employer, so that everyone responsible for your family member’s accident is brought to justice.

For over twenty years, our legal professionals have been helping families that have lost a member in a work-related accident. We know how to negotiate with insurance adjusters, and we have successfully resolved hundreds of cases. Insurance companies know how successful we have been, and they often offer our clients sizable settlements once they realize that we are on your case. So if you have lost someone you love in a fatal work accident, we can help you. Contact San Antonio fatal work accident lawyer Michael Grossman from Grossman Law Offices today, and let us make sure that those responsible for your loved one’s death are brought to justice.


Some of Our Most Recent Successful Cases
$1,010,000.00 Recovery - Workplace Accident (Hand Lacerations)
A young worker was negligently trained to operate a piece of machinery. During a routine cleaning procedure, he suffered a serious hand injury consisting of numerous deep lacerations across his palm. The defendants claimed that he was a contract laborer and therefore owed no legal duty. Through litigation, our attorneys showed evidence to establish an employer-employee relationship thereby creating a non-subscriber work injury cause of action.
Total Recovery:
$1,010,000.00
Attorney Fees:
$333,300.00
Litigation Expenses:
$50,000.00
$75,000.00 Recovery - Workplace Accident (Soft-Tissue Injuries)
Recovery for worker who suffered soft tissue injuries when his fork lift was struck by a delivery truck.
Total Recovery:
$75,000.00
Attorney Fees:
$25,000.00
Litigation Expenses:
$350.00
$550,000.00 Recovery - Workplace Accident (Closed-Head Injury)
A painter fell from an apartment balcony resulting in a closed-head injury and other minor bodily injuries. The case was successfully resolved through litigation against the plaintiff's employer and the general contractor.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$20,465.00
Confidential Recovery - Wrongful Death / Workplace Accident
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
Attorney Fees:
$175,000.00
Litigation Expenses:
$1,084.00
$162,500.00 Recovery - Workplace Accident (Shoulder Injury)
Recovered for worker who injured their shoulder while lifting a heavy object.
Total Recovery:
$162,500.00
Attorney Fees:
$81,250.00
Litigation Expenses:
$3,784.00
$1,450,000.00 Recovery - Commercial Vehicle Accident (Brain Injury)
Our firm was hired by a delivery driver who suffered a closed head injury resulting in the permanent loss of smell in a head-on accident. The incident occurred as the driver of an 18-wheeler lost control of his vehicle and veered into oncoming traffic. Our client's delivery vehicle was struck head-on, causing massive damage to both vehicles.

Our client was taken to an area hospital where he was treated for minor bodily injuries and a closed head injury which originally manifested itself as a concussion and temporary memory loss.

Suit was filed against the defendants following their failure to respond to our correspondence in a timely manner and litigation began. Included in the suit were both the defendant truck driver and his employer. The results of our investigation and the physical evidence from the accident scene made it apparent that the defendants had indeed caused the accident. Defense counsel soon conceded liability
Total Recovery:
$1,450,000.00
Attorney Fees:
$560,000.00
Litigation Expenses:
$31,410.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$63,000.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$226,000.00 Recovery - Workplace Accident (Shoulder Injury Requiring Surgery)
Our attorneys were hired by a delivery driver who sustained a serious shoulder injury when a worker for a third party negligently operated a fork lift. The accident occurred as the plaintiff delivered a load of hay bails to a commercial farm.

An employee of said facility attempted to unload the trailer with a forklift. In doing so, he pushed several bales of hay off of the flatbed, over the side opposite the forklift. Consequently, several of the 400 lb (est.) bales of hay struck the plaintiff who was working to disconnect tie downs on the opposite side of the trailer. This resulted in serious injury to the plaintiff's shoulder.

The defendants took an aggressive stance and denied the claim, asserting that the plaintiff was the sole proximate cause of his own injuries by virtue of the fact that he was standing in a known dangerous area. Suit was filed soon thereafter. Our attorneys argued that the plaintiff's ordinary work duties, and indeed the normal protocol for all flatbed delivery drivers, consists of letting loose the materials to be unloaded. We maintained that the true cause of the plaintiff's injuries was that the forklift operator rushed into unloading the trailer.

Furthermore, the manner in which he unloaded the trailer was itself a contributing element of the defendant's negligence. The forks that were incorporated into the forklift in question were not compatible with stabbing hay bails; they were ordinary forks that were designed to be positioned below a heavy object that was to be lifted. The case was successfully resolved in mediation.
Total Recovery:
$226,000.00
Attorney Fees:
$84,000.00
Litigation Expenses:
$5,500.00

"When I Lost My Father..."

Get Adobe Flash player

Our Cases in the News

Get Adobe Flash player

Contact Us

Fill out the form below and a legal professional will contact you shortly.

Full Name:

Phone Number:

Email Address:

Describe your situation:

   

Related Articles

Click to Call

--
Enter your phone number above and click "Call Me" to talk to one of our lawyers about your potential case.

Our Clients' Words

Recent Successes