While many fatalities in the workplace are preventable, they still occur. A loved one’s fatal work accident in Texas can devastate a family.
The role of safety inspections after fatalities on the job serves numerous purposes we cover below.
Safety Inspections Document Fatal Work Accidents
The Occupational Safety and Health Administration (OSHA) is responsible for safety inspections when a fatal work accident occurs. Employers must report a fatal work accident to OSHA within eight hours. The initial role of a safety inspection is to thoroughly document a fatal incident to determine if the fatality warrants an investigation. Investigation documentation of a fatal work accident in Texas may include:
- The fatally injured worker’s personal information, including disciplinary and training records
- Incident data, including the potential cause of the accident, diagrams and measurements of the area, photos and videos of the accident site
- First responder reports and autopsy results on completion
- Equipment documentation if it causes a fatality
- Witness statements
- Current safety practices and health programs
Efficiently preserving evidence in a fatal work accident is necessary to prevent compromising evidence in a chaotic environment. Securing documentation will help ensure a fair investigation into the cause of an accident.
Safety Inspections Can Uncover the Cause of a Fatal Work Accident
After gathering documentation, a safety inspection strives to uncover the cause of the accident. Many fatal work a
ccidents are preventable with the implementation of training and safety procedures. Annually, the Texas Department of Insurance (TDI) reports 578 fatal occupational injuries.
A safety inspection will note any OSHA and health and safety standard violations. Unfortunately, many fatal work accidents are the result of willful violations. Notable violations will initiate an investigation into the accident.
Health and safety violations may lead to potential criminal penalties, fines, and fees. Violations can result in additional investigations into breaches of Federal Acts.
Safety Inspection Role in Preventing Future Fatal Accidents
A safety inspection produces documentation to use in the prevention of similar potential fatal work accidents. The role of safety inspections is to identify hazards to workers in a particular field. Industries with more significant work-related risks and fatalities may become the focus of future inspections.
Collecting data from safety inspections allows for developing and improving industry safety and health standards. Implementing corrective actions can reduce or prevent similar incidents in the future. The data can also identify industry trends and the need to develop additional strategies to protect workers.
The Role of Safety Inspections in Legal Action for Fatal Work Accidents in Texas
A safety inspection does not determine liability in a fatal work accident in Texas. However, the documentation from a safety inspection can provide insight into your rights to legal action when negligence causes a loved one’s death. Limitations apply to your right to pursue compensation through a lawsuit in Texas for a work-related fatality.
Whether an employer is a subscriber to workers’ compensation will play a pivotal role in your right to take legal action against an employer when a fatal work accident occurs. Filing a lawsuit for damages against employers who are non-subscribers may be possible. A Dallas work injury lawyer with our firm can evaluate your claim and file an encompassing legal action to account for all your current and future damages.
It may still be possible to file a claim against an employer who is a workers’ compensation subscriber under specific conditions. Though complex, it is possible to seek particular damages through legal action when a work injury lawyer can prove gross negligence is the cause of a loved one’s death.
Safety Inspections and Proving Gross Negligence
Once a safety inspection uncovers acts of willful disregard of safety standards, its role is to refer an employer for further legal action that can lead to criminal prosecution. A Dallas work injury attorney will be responsible for pursuing legal action for gross negligence (Sec. 41.001.11). Proving gross negligence may be possible when evidence exists of the following:
- An employer is aware of an extreme risk to employee safety
- They knowingly proceed with a knowledgeable indifference to workers’ well-being
- They implement and continue practices that cause a fatal accident
All three elements must exist to file a civil lawsuit. Safety inspections uncover valuable documentation that a legal representative can utilize to help you recover financially.
Damages in a lawsuit against an employer committing gross negligence are punitive and serve to punish an employer for its actions.
The Role of Safety Inspections in Identifying Third Parties in a Fatal Work Accident
A worker’s death can result from a car or truck accident while on the job, injuries they sustain on a premises, or because of another entity’s negligence. Once a safety inspection identifies the cause of a fatality, a Dallas work injury lawyer can pursue legal action against a third party for their negligence. Personal injury law is a broad category encompassing laws that govern wrongful death, truck and car accidents, and premises liability.
A safety inspection can uncover actions by a third party who works for another company or a private individual who is negligent. Filing a conventional lawsuit can provide you with legal options for seeking compensation after losing a loved one.
Recovering Compensation for Contractors in Fatal Work Accidents in Texas
A contractor’s family may be able to pursue compensation against an employer for wrongful death if their loved one did not work as a traditional employee. Employers often do not cover contractors under workers’ compensation. A family may pursue a wrongful death claim for compensatory damages in these instances. A safety inspection may detail the type of relationship between an employer and a worker in the victim’s personal data.
Your right to compensation depends on a worker’s relationship with an employer or another party responsible for the fatality. Whether an employer is a subscriber to workers’ compensation is pivotal in whether you can take legal action. Sorting out these details is crucial to receiving compensation.
Should You Wait for a Completed Safety Inspection Before Contacting a Dallas Work Injury Lawyer?
Contacting a lawyer with Wolf Law PLLC provides you with a legal advocate who will work to document an accident to prove whether negligence is responsible for a loved one’s death. Safety inspections are crucial in developing workplace safety standards, reporting violations, and preventing future fatalities. They can also provide critical insight into the cause of a fatal work accident.
Working with a Dallas work injury lawyer allows you to discover your legal options and take action against negligent parties responsible for a fatal work accident in Texas when it is possible.