Published by Carabin Shaw – San Antonio Personal Injury Lawyers – Wrongful Death

Standard Negligence and Gross Negligence

A standard of degree separates the two types of negligence required to substantiate wrongful death lawsuits seeking compensation. Standard negligence represents a momentary lapse in judgment or focus and is required as substantiating evidence in a lawsuit brought against a non-subscriber employer (one who has opted out of carrying Workers’ Compensation Insurance). Standard negligence defines accidents that could not have been predicted, therefore could not have been avoided, and are usually covered and compensated for under the Workers’ Compensation Insurance policy of a subscribing employer. Call our San Antonio Wrongful Death Attorney now!
Gross negligence, however, represents a willful and/or intentional disregard for the safety of a worker or workers, on the part of the employer. It is necessary to substantiate a lawsuit seeking compensation in addition to that awarded under a Workers’ Compensation Insurance claim from a subscribing employer (one who has opted to carry Workers’ Compensation Insurance).

An instance of gross negligence would be that of a worker who habitually disregards the safety of others by placing toolboxes or other materials directly in the path of travel of other workers. A construction foreman who habitually fails to provide for the safety of his or her crew in neglecting to provide safety equipment appropriate for the safe execution of the duties of his or her crew would also be guilty of gross negligence. An example of standard negligence would be a commercial truck driver, or the driver of an 18-wheeler, who does not see a worker rounding a corner while executing a turn in a warehouse parking lot and causes an accident in which […]