On December 4, 2009, 40-year-old Tommy Manis of Alvin, TX died as a result of severe injuries suffered in an industrial accident. The work-related wrongful death occurred on Friday night at Valero's refinery in Texas City. Although it has not been referred to as an explosion, a large boiler encountered some type of mechanical malfunction which resulted in a blunt-force injury to Mr. Manis, claiming his life.
Under Texas law, there are two distinct possibilities for Mr. Manis' family, should they chose to pursue legal action against Valero. If Valero subscribes to workers' compensation insurance, the company will be protected under the rules of the Texas Workers' Compensation Act which will grant them a certain level of immunity. When an employee is injured on the job and workers' comp coverage is in effect, the employee completely loses the right to sue altogether. However, in a case where an employee has died, the family of the victim can file a wrongful death lawsuit, but only in the case of gross negligence.
To be clear, any time that an accident happens, it is more than likely the cause of some form of negligence. Looking away from the road and then rear-ending someone would be a negligent act. Leaving a dangerous object within reach of a child would also fall into that category. However, when someone commits an act of negligence that is so egregious by virtue of their knowledge that a harmful outcome was highly probable, that is said to be gross negligence. In order for the family of Mr. Manis to have a successful case, they would have to prove gross negligence, as ordinary negligence is protected by workers' comp.
Additionally, only a spouse, financially dependent minor child, financially dependent child under the age of 25 AND enrolled in college, or a financially dependent disabled child (minor or not) will have a cause of action. In other words, the victim's parents and other loved ones would not have a claim, as they may in a typical wrongful death suit.
However, if it turns out that the company does not subscribe to workers' compensation insurance, a different and more plaintiff-favorable set of laws would apply. In such an event, any family member or representative of the estate of the decedent that would typically have a wrongful death claim, would have such a claim. The added benefit is that if an employer chooses to forgo the luxury of protection as provided by participation in the workers' comp program, they lose the right to most of their legal defenses. Specifically, the only defense that the employer can cite is that of "sole proximate cause." Essentially, they have to blame the incident ENTIRELY on the employee.
Unfortunately, with both scenarios the company has a vested interest in playing hardball. This usually means that the employer will try to blame everything on the employee.
In any event, an experienced wrongful death attorney that knows the ins and outs of Texas work injury law is a vital ally for any family member that wishes to pursue legal action against the employer.
In any event, this is a tragic incident and I wish the best for the family of the victim as they deal with this tragic accident.
