Texas Construction Wrongful Death Claims: What Families Need to Know
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Why Wrongful Death Claims Matter in Texas Construction
Construction is one of the most dangerous industries in Texas. When a worker tragically loses their life due to unsafe conditions, defective equipment, or employer negligence, families are left facing emotional devastation and financial hardship. A wrongful death claim allows surviving family members to pursue justice and compensation.
At MLF Legal, our construction wrongful death lawyers help families across Texas navigate these complex claims with compassion and determination.
Read more about the prevalence of construction accidents and fatalities in Dallas and Fort Worth.
What Is a Wrongful Death Claim in Texas?
Definition Under Texas Law
A wrongful death claim arises when a person’s death is caused by the negligence, carelessness, or wrongful act of another party.
Who Can File a Wrongful Death Claim?
Under Texas law, the following parties may file:
- Surviving spouse
- Children (biological or adopted)
- Parents of the deceased
Common Causes of Construction Wrongful Death Cases
Common causes of construction wrongful death cases include:
Falls From Heights
Scaffolding, ladders, and unfinished structures are the leading cause of construction fatalities.
Struck‑By Incidents
Heavy equipment, falling tools, or swinging crane loads often result in fatal injuries.
Electrocutions
Contact with live wires or faulty electrical systems can cause instant death.
Caught‑In or Between Accidents
Trench collapses, machinery entanglements, or crushing incidents are among the most catastrophic.
FAQ's Wrongful Death Cases
Surviving spouses, children, and parents may file a wrongful death claim under Texas law.
Families may recover lost wages, medical bills, funeral costs, loss of companionship, and punitive damages in cases of gross negligence.
Yes. Nonsubscriber employers can be sued directly, and they lose certain defenses under Texas law.
Subcontractors, property owners, and equipment manufacturers may share responsibility if their negligence contributed to the accident.
Generally, wrongful death claims must be filed within two years of the death, though exceptions may apply.
Death income benefits provide 75% of the deceased worker’s average weekly wage to eligible family members, plus up to $10,000 in burial expenses. Spouses, children, and certain dependents may qualify, with benefits lasting for life, until age 18, or longer in special circumstances.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
Damages Available in a Texas Wrongful Death Claim
Economic Damages
- Lost wages and future earning capacity
- Medical expenses prior to death
- Funeral and burial costs
Non‑Economic Damages
- Loss of companionship and support
- Mental anguish of surviving family members
Exemplary (Punitive) Damages
In cases of gross negligence, families may recover punitive damages to punish the wrongdoer.
Who Can Be Held Liable in Construction Wrongful Death Cases?
Employers
Depending on whether they carry workers’ comp or are nonsubscribers, employers may be directly liable.
Subcontractors and Property Owners
Other companies or site owners may share responsibility if their negligence contributed to unsafe conditions.
Equipment Manufacturers
Defective tools or machinery can lead to product liability claims.
How Wrongful Death Claims Differ From Workers’ Comp
Workers’ Compensation
Provides limited benefits but generally bars lawsuits against subscribing employers.
Nonsubscriber Employers
Families may sue nonsubscriber employers directly for negligence.
Third‑Party Liability
Even if workers’ comp applies, families may still pursue claims against subcontractors or manufacturers.
Death Income Benefits Through Workers’ Compensation
For families whose loved one was covered by workers’ compensation insurance, death income benefits may provide critical financial support. In Texas, eligible beneficiaries—including surviving spouses, children, and in some cases dependent grandchildren or parents—can receive 75% of the deceased worker’s average weekly wage, subject to statutory maximums and minimums.
- Surviving spouse: Benefits may continue for life unless remarriage, in which case a lump‑sum equal to two years of benefits is paid.
- Children: Benefits continue until age 18, or up to age 25 if enrolled full‑time in college.
- Disabled children: May qualify for lifetime benefits.
- Burial expenses: Up to $10,000 may be reimbursed.
These benefits are designed to replace lost income and help families manage expenses after a tragic construction accident.
Speak With a Texas Construction Wrongful Death Lawyer Today
If you’ve lost a loved one in a construction accident, you don’t have to face this alone. At MLF Legal, our construction wrongful death lawyers fight to hold negligent parties accountable and secure justice for grieving families.
📞 Call MLF Legal today at 214‑357‑1782 or
💻 Fill out our online form for a free consultation.
We only get paid if we win your case.
Call MLF Legal today
214-357-1782
Fill out our online form
for a free consultation.
We only get paid if we win your case.