Average Workplace Death Settlement in Texas [2024 Updated]

Workplace accidents happen every day, and they can range from a rough inconvenience to a horrific tragedy, especially if they result in someone’s death. Facing the aftermath of a workplace death can be overwhelming and confusing, but seeking compensatory damages can be a way to find some semblance of closure and hold the right people accountable. Understanding the average workplace death settlement in Texas can be a decent place to start.

What Is the Average Workplace Death Settlement in Texas?

There is no official average workplace death settlement in Texas, as every workplace death claim is different. Every case revolves around circumstances that are unique to the individual case at hand. Some cases can result in substantial settlement amounts, while others do not. It depends entirely on the specific case and the details surrounding it. Some of the factors that are considered during settlement negotiations may be:

• The amount in medical bills that may have accrued prior to the victim’s death
• Burial expenses
• Any loss in family income that is experienced due to the victim’s death
• Loss of inheritance
• Pain and suffering, both for the family and for the victim, prior to death
• Loss of companionship and/or consortium
• Limits of insurance coverage
• Your attorney’s negotiation skills

When a workplace injury case turns into a workplace death case, a skilled wrongful death attorney can examine the situation to determine who is at fault. If the incident was caused by the recklessness or negligence of another, you may be entitled to file a wrongful death claim.

Common Causes of Workplace Deaths in Texas

According to the Texas Department of Insurance, nearly 20% of all workplace deaths in the United States occurred in the construction industry in some capacity. Many of the causes of workplace deaths on construction sites occur elsewhere in other lines of work, as dangerous jobs and tasks are not unique to just construction work. Here are some of the more common causes of workplace deaths in Texas:

• Vehicular Accidents: Many dangerous workplace environments, such as construction sites, warehouses, and agricultural jobs, require employees to drive and operate large vehicles, like tractors, bulldozers, commercial trucks, and forklifts, just to name a few. If operated incorrectly or absent-mindedly, these vehicles have the potential to cause irreparable damage and harm to the driver or other employees in the vehicle’s path.
• Faulty Machinery: Many agricultural and manufacturing workplaces rely on heavy machinery to keep daily operations running as smoothly as possible. Improper or inexperienced use of that machinery can cause terrible injuries and death if someone is in the wrong place at the wrong time. In addition, if the machinery is not consistently maintained, replaced, or inspected, it can start to break down and cause injuries and/or deaths.
• Falling Objects: In the entirety of the United States in 2021, falling objects caused around 8% of all construction site deaths. Falling objects are another hazard that isn’t unique to construction sites. A falling object can occur on any job site, and it is important to constantly be aware of your surroundings. If objects are falling, flying, or swinging through the air, they can hurt or even kill someone. Wearing proper safety gear can help prevent more serious injuries from occurring.

FAQs

Q: How Are Wrongful Death Settlements Paid Out in Texas?

A: Typically, wrongful death settlements are paid out in one of two ways in Texas: Lump-sum settlements and structured settlements. Each has its advantages and disadvantages, and you should consult with a wrongful death lawyer to determine which one would work better for your situation. In a lump-sum settlement, you are paid the entire settlement in one amount. In a structured settlement, a set amount is distributed on a monthly basis until the entire amount has been received by the plaintiff.

Q: What Is the Average Bodily Injury Settlement in Texas?

A: There is no average bodily injury settlement in Texas. Since every bodily injury case is different, every bodily injury settlement is going to be different as well. Every case brings with it specific details that are unique to that individual case. Some cases may result in considerably high settlements, while others may not. It all depends on the case at hand, as well as factors that are significant to the case, such as the severity of your injuries, any evidence of negligence, and your lawyer’s negotiation skills.

Q: How Do You Calculate Pain and Suffering in Texas?

A: Texas does not have a cap on pain and suffering, so your workplace injury lawyer can negotiate any amount that you believe to be representative of what you have had to go through. Putting a monetary value on something so intangible can feel difficult to accomplish. However, your workplace injury lawyer can help you calculate that amount by taking into account the severity of your physical pain, combined with your emotional distress.

The worse your injuries, the higher your likelihood of pain and suffering compensation.

Q: What Are Death Benefits?

A: In the event of an employee’s death due to a work-related situation, death benefits are in place to ensure that the employee’s family is able to replace some of the future income that will now be lost. Death benefits can be paid out to the surviving spouse, any surviving children who are under 25 years old, and others. It usually amounts to around 75% of the victim’s average weekly wages.

Reach Out to a Workplace Death Attorney Today

Dealing with the fallout of a loved one’s wrongful death is always tragic and can feel overwhelming throughout the entire process. Thankfully, you do not have to deal with it on your own. An experienced workplace death attorney can help you meet certain deadlines, deal with insurance companies, and fill out the necessary paperwork while you focus on grieving and taking care of your family.

The team at Stevenson & Murray understands what you are going through and is prepared to help you do what’s necessary. We can assist you in developing your case, gathering evidence, and representing your interests against insurance companies and any negligent parties. Contact us to see how we can help you.