Protect Your Rights
When someone you love is killed in a workplace accident, the grief can feel unbearable. What comes next can be just as difficult, especially when you’re trying to understand your rights under Texas law. Many families expect to be treated fairly, but the reality is often more complicated.
Texas has its own rules. Several factors can affect what you’re entitled to, including workers’ compensation coverage, contractor status, and whether a third party was involved. Some families receive limited benefits, and others can pursue a full wrongful death claim. Knowing where your case falls is critical.
At Grossman Law Offices, we’ve spent decades helping families through these situations. We investigate what happened and fight for compensation that reflects your loss, not just what an insurance company offers.
Don’t let an employer or insurance company steer you in the wrong direction. Companies often offer a quick payout early, hoping a grieving family accepts it without asking questions. They may use terms like “workers’ comp” to make it seem like your options are limited, even when they aren’t.
Accepting that offer too quickly can be costly. Families sometimes give up the chance to pursue a larger claim because they weren’t given the full picture.
We’re here to help prevent that. Consultations are free, and you don’t pay unless we recover compensation for you. We’ll explain your options clearly and build a plan to hold the right parties accountable.
Call Grossman Law Offices today. Let us handle the legal side so you can focus on your family.
YOUR FAMILY’S RIGHTS AFTER A WORKPLACE DEATH
Can I File a Case if My Family Member Died at Work?
Yes, you likely can file a case, but whether you sue the employer or receive automatic benefits depends entirely on whether the company had workers’ compensation insurance.
If the employer had workers’ compensation, your options may be limited unless the company’s conduct rises to gross negligence. If they did not have workers’ compensation, your family can usually file a full wrongful death lawsuit and pursue complete damages.
That distinction is critical. It affects everything from how your case is handled to how much your family can recover.
Click here to better understand your legal rights after a fatal workplace accident.
Who Can File a Case When Someone Dies at Work?
The spouse, children, and parents of the deceased worker have the legal right to file a wrongful death lawsuit in Texas.
These claims exist because the law recognizes that a fatal accident doesn’t just affect one person. It impacts the entire family. The people who depended on that worker financially and emotionally have the right to step forward and demand accountability.
Click here to learn more about who can file a wrongful death case and how the process works.
What Should I Do Immediately After a Loved One Dies at Work?
Start by taking care of your family. Emotional support matters right now more than anything.
But after that, you need to act quickly. Contact an attorney as soon as possible before evidence disappears or the company tries to settle with you for far less than your case is worth.
Companies usually move fast after a fatal injury. They may reach out with offers that sound helpful but are designed to limit their exposure. You need someone on your side who knows what those offers really mean.
Click here for a full breakdown of what to do after a fatal work accident.
How Do I Get the Accident Report From the Workplace?
Your attorney can obtain the official report through legal requests. That’s the most reliable way to get it.
But you should also know that OSHA reports take 18 to 24 months. You can’t wait that long to take action. Waiting puts your case at risk because evidence can disappear long before those reports are finalized.
What Evidence Do I Need for a Fatal Work Accident Case?
Strong cases are built on strong evidence.
Photos of the scene help show exactly what conditions looked like. Witness statements fill in the details of what happened. Maintenance records can reveal whether equipment was ignored or poorly maintained. Safety training documents show what workers were told, and prior complaints about dangerous conditions can prove that the company already knew about the risk.
Each piece works together to show that the accident was preventable.
Do Workplace Cameras Help Fatal Accident Cases?
Yes, video footage is powerful evidence.
It captures what really happened without relying on memory or interpretation. But there’s a problem. Footage doesn’t last forever. Many systems overwrite recordings within days or weeks.
If an attorney doesn’t act fast and demand that the company preserve that footage, it can disappear permanently.
What Witnesses Do I Need for a Fatal Work Case?
You need people who can tell the full story.
Coworkers who saw what happened can explain the events leading up to the accident. Safety experts can break down why the workplace conditions were dangerous. And anyone who heard the company talk about safety problems before the death can show that the danger was already known.
Those voices matter. They help connect the dots.
How Do I Prove the Workplace Was Unsafe?
Your lawyer will investigate training records, safety violation history, and equipment maintenance logs. They will also bring in experts who can identify exactly what the company did wrong.
This process goes beyond surface-level facts. It digs into patterns of behavior. It looks at whether the company followed its own rules or ignored them.
How Do I Prove the Company Was at Fault for the Death?
You prove fault by showing the company knew or should have known about the danger and did nothing to protect your loved one.
That’s the core of most fatal workplace cases. It all comes down to what the company knew and how they failed to act.
This is exactly what experienced investigators focus on every day
WORKERS’ COMPENSATION VS. LAWSUITS
Can I Sue the Company Where My Loved One Worked?
You can definitely sue if the company does not have workers’ compensation insurance. And you might still be able to sue for gross negligence even if they do have coverage.
This distinction is one of the most important parts of your case. It determines whether your family is limited to workers’ comp benefits or able to pursue full compensation.
Click here to learn more about suing an employer who has fatal work accident coverage.
What If Workers’ Comp Already Paid Benefits?
Accepting workers’ compensation benefits does not automatically stop you from filing a lawsuit.
If the company was grossly negligent or if a third party caused the death, your family may still have the right to pursue additional compensation beyond those benefits.
What Are Workers’ Compensation Death Benefits in Texas?
You receive 75% of your loved one’s weekly wages, capped at around $825 per week, plus up to $10,000 for funeral expenses.
That may sound helpful, but it often falls far short of what a lawsuit could recover, especially when considering long-term financial loss and emotional harm.
Click here to see what benefits families actually receive after a workplace death.
Can I Reject Workers’ Comp and Sue Instead?
No. If the company has workers’ compensation insurance, you generally cannot reject it and sue for ordinary negligence.
That’s why knowing your employer’s status matters immediately. It shapes your entire legal strategy from day one.
What Is a Non-Subscriber Employer in Texas?
A non-subscriber is a company that opted out of workers’ compensation.
That decision comes with consequences. It means they kept their doors wide open for your family to sue them for full wrongful death damages.
Click here to learn more about non-subscriber cases in Texas.
What If the Company Pretends to Have Workers’ Comp?
Some non-subscriber companies lie and say they have workers’ comp, hoping you will accept a tiny settlement.
An attorney can quickly verify their real status and protect your rights before you make a decision that limits your case.
Click here to see how Texas companies try to mislead families after a fatal work injury.
What If the Company Offers Voluntary Benefits After a Death?
That “voluntary benefit” offer is often a trap.
It’s designed to make you settle for a fraction of what your case is worth before you even realize you had the right to sue.
Take a step back and get legal advice before agreeing to anything.
How Much Is a Workers’ Comp Death Case Worth?
If only workers’ compensation benefits apply, your family typically receives a low six-figure total.
Those payments come in weekly checks over many years, not a lump sum, which limits your financial flexibility.
How Much Is a Non-Subscriber Wrongful Death Case Worth?
Non-subscriber cases regularly settle for seven figures or more.
That’s because your family can recover for loss of companionship, mental anguish, and your loved one’s full future earnings – not just capped benefits.
GROSS NEGLIGENCE AND PUNISHMENT CASES
What Is Gross Negligence in a Workplace Death Case?
Gross negligence means the company knew their actions could kill someone and did it anyway.
It’s conduct that goes beyond carelessness. It shocks the conscience and allows your family to seek punitive damages.
Click here to learn about gross negligence in more detail.
Can I Sue for Punitive Damages After a Work Death?
Yes.
Punitive damages are available when the company’s conduct was extremely dangerous. These damages are meant to punish them and prevent similar behavior in the future.
What If the Company Knew About the Danger but Did Nothing?
That is the definition of gross negligence.
It means your family can sue even if the company has workers’ compensation insurance.
What If the Company Covered Up What Really Happened?
When companies lie, destroy evidence, or create false narratives after a death, that behavior strengthens your case.
It often supports a finding of gross negligence and shows a pattern of wrongdoing.
What If My Family Member Didn’t Complain About Safety Before?
That doesn’t change anything.
The company’s duty to provide a safe workplace exists whether your loved one spoke up or stayed silent.
What If Safety Rules Were Not Followed at Work?
When companies ignore their own safety rules or government regulations, it creates clear evidence of negligence.
Those failures help support your family’s wrongful death claim.
What If the Equipment at Work Was Broken?
Companies are responsible for maintaining safe equipment.
Broken machinery that leads to a fatal accident is a clear sign of negligence and should result in compensation for your family.
What If There Were No Safety Warnings at Work?
Failing to warn workers about known dangers is another form of negligence.
When workers are left in the dark, companies can be held fully responsible.
Can I Sue if OSHA Had Already Cited the Company?
Yes.
Prior OSHA citations are gold in a wrongful death case. They show the company already knew about safety issues and chose to keep workers at risk.
COMPARATIVE FAULT AND DEFENSES
What if My Family Member Was Partly at Fault at Work?
Texas law allows your family to recover even if your loved one shares some blame, as long as the company was also at fault for the death.
Click here to learn how partial fault affects fatal work accident law.
What if the Company Blames My Family Member for the Death?
That’s a common tactic.
Insurance companies always try to shift the blame onto the victim. Your attorney pushes back with evidence showing that the company’s negligence was the real cause.
What if the Company Says the Death Was an Accident?
“Just an accident” is not a legal defense.
If the company’s negligence played any role, they can still be held fully responsible for your loss.
What if the Company Says They Didn’t Know It Was Dangerous?
Ignorance is never an excuse.
Companies have a legal duty to find and address dangers before workers get killed on their watch.
What if Multiple Companies Were Involved in the Work Death?
Your family can sue every company whose negligence contributed to the death. Our job is to identify all responsible parties and make them pay.
Click here to learn how liability works in fatal work accidents in Texas.
CONTRACTORS AND THIRD PARTIES
What if My Loved One Was a Contractor, Not an Employee?
Contractor cases are more complex, but they are still possible.
The first step is determining whether the law truly considers them a contractor or if the company used that label to avoid responsibility.
Click here to find out more about fatal work accidents involving contractors.
Can I Sue if the Company Called My Loved One a Contractor?
Yes.
Companies cannot avoid liability simply by labeling workers differently. Attorneys know how to prove when someone was really an employee.
What if Someone Outside the Company Caused the Death?
Third-party claims allow your family to sue whoever actually caused the death.
These claims are separate from workers’ compensation and often result in significant compensation.
Click here to learn more about what happens when a third party causes a fatal work accident.
Can I Sue if a Worker from Another Company Killed My Loved One?
Yes.
That is a clear third-party claim, and should be pursued for the full value of your family’s loss.
Can I Sue if a Dangerous Property Killed My Loved One?
Yes.
Property owners must maintain safe premises. When they fail, they can be held accountable through a wrongful death lawsuit.
THE LEGAL PROCESS AND TIMING
How Long Do I Have to File After a Work Death?
Texas gives you two years from the date of death to file a lawsuit.
If you miss that deadline, your family loses the right to recover anything forever.
Click here to learn more about work death lawsuit filing deadlines.
How Soon Should I Talk to a Lawyer After a Work Death?
Call a lawyer as soon as you possibly can.
Before long, evidence disappears, and witnesses forget details. Plus, insurance companies start building their case against you right away.
Click here for more information on when to contact a lawyer after a fatal work accident.
How Long Does a Fatal Work Accident Case Take?
Some cases settle in a few months.
But more serious, complex cases involving investigations and lawsuits can take one to three years to play out. It takes time to build a case that reflects its full value.
Do I Have to Go to Court for a Fatal Work Case?
Most cases settle before trial. So, you likely won’t have to go to court.
Still, your attorney must be ready to go to court. Insurance companies only pay fairly when they know you will not back down.
What Happens After Someone Dies in a Work Accident?
While your family grieves, investigators begin to examine what happened.
Your lawyer will preserve evidence, and the legal process will determine who must pay for your loss.
Should I Accept the Company’s First Settlement Offer?
No. Never accept the first offer.
Companies start low, hoping desperate families will take quick cash instead of the full compensation they deserve.
What if the Company Is Offering to Pay for Funeral Expenses?
Accepting help with funeral expenses is usually fine.
But do not sign anything else or accept larger payments without an attorney reviewing every word first.
Can the Company Trick Me Into Waiving My Rights?
Yes.
Companies often try to get families to sign releases shortly after a death. Once you sign away your rights, there’s almost no way to get them back.
What if My Relative Already Hired a Different Lawyer?
You can still call us for a second opinion, and we will help you understand whether that lawyer is truly fighting for your family’s best interests.
Click here to learn what to do if your family hired separate fatal work accident lawyers.
Do I Need to Be Appointed Executor Before I Can File a Lawsuit?
No. You don’t need to be appointed as executor of your loved one’s estate to file a workplace wrongful death lawsuit. It’s your right as the deceased’s spouse, parent, or child.
MONEY AND COMPENSATION
What Compensation Is Available in a Workplace Death Case?
Your family can recover damages for lost financial support, loss of companionship, mental anguish, funeral expenses, and the guidance your loved one would have provided.
Click here to learn what damages apply in a fatal work accident lawsuit.
Can I Get Money for Lost Wages if My Family Member Died?
Yes, you can recover every dollar your loved one would have earned for the rest of their working life if not for the company’s negligence.
Can I Get Money for Emotional Suffering After a Work Death?
Yes.
Mental anguish and loss of companionship are major parts of wrongful death claims. Juries understand that money cannot replace love. This type of compensation is meant to acknowledge your pain.
What Are Punitive Damages in a Work Death Case?
Punitive damages are extra money meant to punish companies whose conduct was so dangerous that they deserve to pay far beyond what regular compensation covers.
They go beyond standard damages and focus on holding the company accountable in a meaningful way.
What Is My Family’s Wrongful Death Case Worth?
Every case is different.
Non-subscriber cases regularly reach seven figures. Gross negligence claims against comp participants can also have singificant value.
How Do Insurance Companies Decide Wrongful Death Settlements?
Adjusters evaluate your loved one’s age, income, and the strength of the evidence.
Then they offer as little as they think you’d accept.
Click here to learn more about what determines work accident case value.
PRACTICAL CONCERNS AND MISTAKES
What Are the Biggest Mistakes Families Make After a Work Death?
Common mistakes include signing documents without a lawyer, giving recorded statements, accepting quick settlements, and waiting too long to act.
Click here for more mistakes people make after a work death.
Should I Talk to the Insurance Company Without a Lawyer?
No.
Insurance adjusters are trained to get you to say things that hurt your case. They don’t have your family’s best interests in mind.
What if I’m Not Sure Who to Blame for the Death?
That’s exactly why you need an attorney.
They investigate and find the truth while you focus on healing and supporting your family.
What if the Company Says My Loved One Signed a Waiver?
Pre-injury waivers are not usually enforceable in Texas.
Still, an attorney should review any document the company claims protects them from liability.
Click here to see whether a waiver could block your fatal work accident lawsuit.
What if There Is a Binding Arbitration Agreement?
Arbitration agreements can make the process more complex, but they don’t stop your case. We have successfully handled many arbitration cases for grieving families.
Click here to learn how arbitration can affect a fatal work accident case.
What Role Does OSHA Play in My Family’s Case?
OSHA investigates safety violations and may issue fines.
They don’t help your family recover compensation, and you cannot wait for their report before taking legal action.
Click here to uncover more about OSHA’s role in a fatal work accident case.
How Do I Find Out if My Loved One’s Employer Had Workers’ Comp?
You can check Texas’s public database.
You can also contact a law firm. They can verify the employer’s status quickly and explain what it means for your family.
CONTACT GROSSMAN LAW OFFICES
How Do I Pick the Right Lawyer for My Family’s Case?
Choose lawyers who answer your questions clearly, treat you with respect, explain their plan, and make you feel like a partner rather than just another file.
How Much Does Grossman Law Offices Charge for a Consultation?
We charge nothing for consultations because we believe every grieving family deserves to understand their rights without worrying about legal fees.
How Much Does Your Firm Charge if We Hire You?
We work on contingency. You pay nothing upfront and nothing unless we win your case and recover money for your family.
How Experienced Is Grossman Law Offices With Work Death Cases?
We have helped thousands of families with fatal work accident cases over the last 30+ years.
That experience means we know how to investigate these cases, uncover what went wrong, and build strong claims for the families we represent.
Will My Family’s Case Be Publicized?
We don’t seek publicity for our clients’ cases.
Although lawsuits are technically public records, the media rarely learns about them unless we choose to share information.
Click here to see which aspects of fatal work accident cases become public.
Where Is Grossman Law Offices Located?
Our office is in Dallas, Texas, but we help families across the state. We are happy to meet in person, by phone, or whatever works best for your family during this difficult time.
How Do I Contact Grossman Law Offices for Help?
Call us at (214) 220-9191.
We’ll listen to your story, answer your questions honestly, and help you understand the best path forward for your family.
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