Representing the Rights of Injured Individuals Law Offices of Ronald A. Ramos
Law Offices of Ronald A. Ramos

Texas Worker Killed In Equipment Accident During Highway Paving Job

According to KSAT.com, a 66 year old man was killed in a construction accident while he was working on a highway repaving job near Poth, Texas. It’s still unclear exactly what led to the tragic accident, but apparently the incident involved heavy industrial equipment. The Occupational Safety and Health Administration (OSHA) will be investigating the accident. It’s reported that the contractor, Dean Word Company, has been cited by OSHA for safety violations in the past. The Texas Department of Transportation (TxDOT) had no comment on the accident at this time. If you’ve suffered through the tragedy of a loved one being killed in a construction accident, an attorney experienced in Texas wrongful death claims will help you get justice.

Wrongful Death in A Construction Accident

Construction workers face some of the highest rates of on-the-jobs fatalities of any profession. It is a dangerous job and employees are owed safe working conditions. There are generally two types of legal claims that one can make if a loved one dies in a construction accident.

  • Survival action
  • Wrongful death action

The Texas code allows a survival action to be brought in cases where the deceased person would have been able to bring a personal injury case had they lived. It allows their case to ‘survive’ even though they unfortunately have lost their lives. Their heirs will be able to seek justice in their name. A wrongful death claim is brought by the spouse, parents, or children of the deceased and is based on the damage that the death caused to the person bringing the wrongful death claim. For example, the pain and suffering a spouse goes through is part of a wrongful death action. In many cases both actions can, and should, be brought at the same time. Essentially survival action ensures that you can get the compensation rightfully owed to your loved one and wrongful death ensures that you can get the compensation rightfully owed to you for the damage a loved one’s death has caused you.

Worker’s Compensation in Wrongful Death Case

It’s very important to to remember the role that worker’s compensation plays in on-the-job injuries in Texas. Under Texas law, worker’s compensation is a common remedy (but not the only one) for an injured worker to recover damages against their employer. However, in a wrongful death case, section 408.001(b) of the Texas Workers’ Compensation Act expressly lays out that this does not bar recovery of punitive damages by a deceased employee’s surviving spouse or children. This means that one may sue a deceased loved one’s employer for the negligence that led to their death on the job. This is on top of any third parties that also may be responsible for the individual’s wrongful death. This could include construction site owners, equipments manufacturers, other contractors or subcontractors on the site, non-employee drivers, or any other negligent third party on the job site.

Contact Us

If your family member or loved one lost his or her life in a work related accident, please do not hesitate to contact our office today. At the Law Offices of Ronald A. Ramos, we are experienced in handling wrongful death cases and know how to protect your legal rights. It’s time for you to focus on your family, let us handle the rest.

Client Reviews
★★★★★
I was in a minor car accident when I first moved to San Antonio. I wasn’t sure if I needed a lawyer but I eventually contacted theLaw Offices of Ronald A. Ramos, P.C. and I’m glad I did. I highly recommend this firm! A.W. - Online Review
★★★★★
Mr. Ramos (Law Offices of Ronald A. Ramos, P.C.) and his staff were GREAT!! I went to their office after a major car accident, and I was not getting anywhere with the insurance company, He and his staff helped me [get] way more than what I was offered by the insurance company its self. N.G. - Online Review
★★★★★
The people at the Law Offices of Ronald A. Ramos, P.C. couldn’t have been any more helpful. Their friendly service team has so much knowledge to offer when it comes to seeking legal advice in a variety of different subjects. They come highly recommended if anyone is looking for any sort of help! M.C. - Online Review
★★★★★
Mr. Ramos has secured a spot as one of the best trial attorneys in San Antonio. His extensive knowledge of the law, ability to connect with jurors, and his admirable reputation among both judges and attorneys make him an absolute asset to the legal community. If you have the opportunity to retain him as legal counsel, consider it a huge privilege. Daniel J. Palmer - Lawyer in San Antonio, TX
★★★★★
Mr. Ramos and his staff are very diligent and effective in litigating personal injury claims and other torts. His representation of clients have resulted in successful outcomes. I myself will refer any cases that will require litigation and a greater expertise. Jesus Vargas - San Antonio, TX Attorney