A Tyson foods employee was found dead at the east Houston plant yesterday, although details of the accident have not been disclosed. A co-worker found the victim in the attic at the plant according to authorities.
A Texas employer has a general duty to provide employees with a safe place to work under Texas law. Most large employers in Texas carry workers compensation insurance to protect the employer against personal injury lawsuits by employees who were injured on the job. When the employer has workers comp insurance, generally the insurance is the exclusive remedy and personal injury lawsuits against the employer by employee (outside of comp) are barred.
An exception to the exclusive remedy of worker’s comp exists in wrongful death lawsuits when the employer has acted with malice and the employee’s family seeks punitive damages for the wrongful conduct.
Malice by statutory definition includes an act or omission which when viewed objectively from the standpoint of the actor at the time of the occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to other; and
Of which the actor (employer) has actual, subjective awareness of the risk involved, but proceeds with conscious indifference to the rights, safety, or welfare of others. CPRC Section 41.001;
In short, an employer in Texas can be held accountable for punitive damages in a wrongful death case, in certain circumstances, even when the employer has worker’s compensation insurance.
