If you are involved in a crash with an 18 wheeler, you need someone who is experienced in handling these types of cases…
Under the Texas’ Workmen’s Compensation Act, injuries incurred by an employee who elects to take workmen’s compensation cannot be sued over. They may, however, sue for damages under common law. For reference, see Texas Worker’s Compensation Commission V. Garcia, 893 S.W.2d 504 (1994). If the employee was left incapacitated, comatose, or with another condition that could reasonably become fatal, his/her dependents should contact an attorney to determine whether these conditions constitute “injury.”
Death in the workplace is an entirely different matter. If an employee’s death is proven to be caused by third party negligence (for example, negligence of the employer), Texas workmen’s compensation statute allows the employee’s dependents to pursue a wrongful death suit against the third party – regardless of whether the decedent elected for workmen’s compensation through his employer. Texas Lab. Code § 417.001.
The estate of the deceased can recover what is known as survival damages as follows, which will be passed on to the heirs of the estate: • Conscious physical pain, suffering, and mental anguish endured by the deceased prior to his/her death • Medical, funeral, and burial expenses • Exemplary damages if there was grossly negligent or willful conduct