Our client’s husband worked as a painter for a small construction company. Last year, he was instructed to burn brush at the company office which was a task outside his normal job duties and one for which he had received no training. In the presence of and at the direction of the company owner, he was told to pour paint thinner onto an active fire to keep it burning.
The result was devastating. The fire flashed back, engulfing his arm and body in flames. Two days later, he succumbed to his burn injuries.
While the facts were clear, the legal path to justice was anything but.
The employer subscribed to the Texas Workers’ Compensation system, which meant that the family’s recovery for negligence was generally limited to workers’ compensation benefits. Under Texas law, additional damages are available only if an employer’s conduct rises to the level of gross negligence, a difficult standard to prove.
Our team refused to back down and was set out to help our client’s family in every way possible.
Through strategic litigation, our team secured critical testimony from the company’s corporate representative, establishing the evidence needed to prove gross negligence under Texas law. Faced with that evidence, the insurance company agreed to tender its full policy limits.
No family should have to endure the unimaginable loss of a loved one because of preventable workplace negligence. We are honored to have helped this family obtain accountability and the justice they deserved.
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