Last Monday, a 52-year-old Kaufman man was killed at a construction site in McLendon-Chisholm after being struck by an excavator. Emergency responders from the Rockwall County Sheriff's Office and local paramedics arrived at the scene near the intersection of Costa Verde Drive and Torrente Drive shortly before 3:30 p.m., where they found the victim unresponsive and pronounced him dead at the scene.
Preliminary reports indicate the victim was run over by the excavator while working at the site. The Rockwall County Sheriff's Office and the Occupational Safety and Health Administration (OSHA) are investigating the circumstances of the fatal incident.
What Rights Do Families Have After a Fatal Construction Accident in Texas?
Fatal construction incidents are governed by a patchwork of state and federal rules, and the path to recovery depends heavily on the facts. Here is what generally applies in Texas:
Workers' Compensation, Non-Subscribers, Gross Negligence. In Texas, an employer’s workers’ compensation coverage is generally the exclusive remedy for employees injured on the job, meaning injured workers typically cannot sue their employer for ordinary negligence if the employer carries workers’ compensation insurance. However, Texas law provides important exceptions. If a workplace accident results in death, surviving family members may pursue a claim for gross negligence against a subscribing employer. Additionally, employers who choose not to carry workers’ compensation insurance—known as “non-subscribers”—can be held directly liable for workplace injuries through a non-subscriber claim, allowing injured employees to seek full damages against the employer for negligence. You can check whether an employer carries workers' compensation insurance through the Texas Department of Insurance's coverage verification tool.
Third-party claims are often where real recovery comes from. Even when workers' comp blocks a claim against the employer, families can usually sue other parties whose negligence contributed to the death, the general contractor, the equipment owner, the operator of the machine, a subcontractor on site, or the manufacturer of defective equipment. On a multi-employer site, responsibility is rarely limited to one company.
Texas wrongful death law specifies who can file. Under the Texas Wrongful Death Act, only a surviving spouse, children, or parents may bring a wrongful death claim. A separate "survival" claim, brought by the estate, can recover for the pain and suffering the worker experienced before death, as well as funeral expenses. These are two distinct claims, and most families have grounds to pursue both.
The clock is shorter than people think. The general statute of limitations for wrongful death and personal injury in Texas is two years from the date of death or injury. But practical deadlines run much faster — evidence preservation, witness availability, and equipment that gets repaired or sold can all be lost within weeks. Claims against governmental entities (for example, if the project is on public land) carry separate notice requirements that can be as short as six months.
Where to Learn More or Get Help
Hamilton Wingo, LLP represents Texas families in construction and workplace injury cases. If you have questions about a specific incident or want to understand how these rules apply to your situation, you can reach our office at 214-234-7900 for a free, confidential consultation. Available 24/7. No fee unless we win.