Andrews County, TX — December 12, 2024, Daniel Carrasco was killed as the result of an oil rig accident at around 4:48 p.m. off Highway 176.

Preliminary details about the accident say that it happened east of the city near N.E. 8301, east of Telephone Road.

According to officials, 35-year-old Daniel Carrasco was at a rig off the side of the highway working. While doing so, the sheriff’s office says a high-pressure valve failed, causing equipment to strike Carrasco. Due to this, Carrasco sustained injuries which ultimately proved fatal.

There were no other reported injuries in relation to the accident. The exact cause of the accident remains unconfirmed at this time.

Commentary by Attorney Michael Grossman

There will certainly have to be thorough investigations to find out what led to the accident and how it could have been prevented. However, that’s just part of the larger challenge families typically face after a deadly work accident. Much of the challenge involves knowing what happens next for the worker’s loved ones. In Texas, we have the most complex work fatality laws of any other state in the country. It can result in serious roadblocks if families aren’t prepared for those laws.

In short, Texas work fatality law has two key factors to consider.

One is that employers in Texas are not required to subscribe to the workers’ comp system. This can result in families thinking they have a guaranteed path to getting the benefits they need following an accident. In reality, if an employer is a non-subscriber, there might not be a guarantee. Instead, families may end up opposite the victim’s employer, whose primary goal is nearly always to avoid responsibility. Getting a fair resolution for the family, then, can require evidence and legal strategy that puts them on a level playing field with the victim’s employer.

Another challenging aspect of Texas work fatality law can come up when an employer’s mistakes rise to the level of gross negligence. Essentially, employers who are subscribers to the workers’ comp system rely on certain guardrails that both provide for potential remedies for the victim’s loved ones while also protecting employers from being too exposed for mistakes they may have made. However, some fatal accidents happen because the worker’s employer engaged in behavior so obviously unreasonable that it shocks the senses and makes one’s jaw drop. This can remove some of those guardrails, allowing for the employer to face consequences beyond the typical norm as punishment for their grossly negligent behavior.

All in all, this complex legal maze is not impossible to navigate. However, when families assume there is an automatic process for getting a just resolution, they risk being at the mercy of a system that doesn’t necessarily prioritize their best interests. That’s why understanding the facts surrounding a work accident is just one piece of the puzzle. There also must be steps to prepare folks for the challenges those accidents create.

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