Fatal Work Injuries by Ethnicity

Every year, thousands of workers in Texas die in the workplace, and hundreds more are injured in job-related accidents. Unfortunately, data shows that Texas is one of the states with the largest number of occupational fatalities. There were 578 fatal occupational injuries in the state in 2022, 45 more than the previous year (533). Many of the workers who lost their lives on the job were Black and Latino. The fatality rate for Black workers increased in 2023 to 12.4%, and the rate for Hispanic workers grew by 10.4%.

Making up a majority of these workplace fatalities are transportation-related incidents, which comprise approximately 40% of all work-related fatal events. Despite advancements in safety protocols, the number of workplace fatalities in certain industries and occupations remains a pressing concern. Black and Hispanic workers are disproportionately affected by workplace fatalities due to the dangerous and labor-intensive industries they often work in, such as agriculture and construction. Most of these workplace fatalities can be attributed to negligence by employers, coworkers, and other third parties.

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Another significant contributing factor to these death rates is employees' reluctance to report injuries due to fear of retaliation. As an injured worker or a family member of someone who lost their life in a workplace accident, you could be entitled to recover compensation. At Miller Weisbrod Olesky, we understand how devastating workplace injuries can be and the serious and often extensive consequences for not only the victim but also for their entire family. Our experienced team of workplace injury lawyers are here to help you through this challenging time and ensure you receive the support you need to move forward.

Workplace safety is more than just a regulatory requirement- it's critical to protecting employees from hazards and reducing the risk of injury, illness, and fatality rates. Employers are responsible for providing safe working conditions and taking proactive measures to identify potential dangers that could threaten their employees. Yet sadly, negligent employees who fail to meet safety standards continue to contribute to preventable incidents that result in hundreds of lives lost each year.

Texas has experienced more job fatalities than any other state for seven of the last ten years, stretching back to 2000. Compared with all other workers, Black and Latino workers face the greatest risk of dying on the job. In 2022, the rate of job fatalities among black workers reached its highest level in nearly 15 years- 4.2 per 100,000 workers.

According to a report from the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), Latino workers are more likely to die from a workplace accident than any other group. Although foreign-born Hispanic or Latino workers only make up about 8% of the employed U.S. workforce, they account for 14% of all work-related fatalities in 2021.

Texas is one of the most lethal states for Latino workers, who make up 40% of the state's population but account for 47% of the workers who lost their lives in 2022. The number of Latino workers who were killed on the job in the U.S. increased in 2022 to 4.6 per 100,000 workers, which is 24% higher than the overall job fatality rate (3.7 per 100,000 workers).

60% of Latino workers killed in work-related accidents were born outside of the U.S. Since foreign-born workers make up over 40% of employed Latinos and almost 70% of employed non-Hispanic Asians, they are disproportionately represented in the number of fatal workplace injuries. The rate of Latino and Black workers who die in workplace accidents is alarmingly high despite making up a smaller percentage of the workforce. According to the Bureau of Labor and Statistics, white workers comprised most of the labor force 77% while Latino workers only comprised 18%, and Black workers 13%.

Employers must obey all applicable safety regulations and demonstrate a genuine commitment to their employee's well-being by equipping them with the knowledge and skills they need to respond to emergencies. For example, making safety and training material accessible to all workers in languages other than English could help mitigate the risk of job-related injuries and fatalities.

Furthermore, minority workers are often reluctant to report or delay treating a work-related injury or illness, fearing the loss of their job and the income associated with treating the problem. The toll of work-related injuries and illness in the private sector alone is estimated to be two to three times greater (5.4 million to 8.1 million years each). In some cases, putting off treatment can worsen the injury or illness and result in more expensive health costs or even death. Employers can contribute to a safer workplace by encouraging their employees to report hazards without fear of reprisal.

According to the U.S. Department of Labor, Latinos are the fastest-growing working population in the country, making up 18% of the American workforce. Higher fatality rates among this group could be attributed to a lack of Latino representation in lucrative industries like technology and science.

Latino and Hispanic workers predominate in lower-wage, risky occupations like:

• Construction
• Oil and gas extraction
• Meat processing
• Landscaping
• Warehousing
• Farmwork
• Installation and repair
• Building, grounds cleaning, and maintenance

In 2021, construction, waste management and remediation, transportation and warehousing, and agriculture, forestry, fishing, and hunting were the four occupational groups that made up almost 80% of the total fatalities of foreign-born Latino workers. In Texas, the industry that accounted for the most foreign-born Hispanic or Latino worker fatalities was construction.

55 of the 134 workplace deaths among Latinos in the state occurred in the construction industry. This industry is particularly dangerous because even one act of negligence when a worker is handling heavy equipment, power tools, or scaffolding can quickly turn into a grave emergency. The transportation and warehousing sector was the second deadliest industry for Hispanics or Latinos in Texas. Transportation and warehousing accidents contributed to a higher percentage of foreign-born Hispanic or Latino worker deaths (20.9%) in Texas than nationwide (11.6%)

5-9% of Latinos who are employed in high-risk industries like natural resources and mining are often exposed to solvents, metals, or pesticides that increase the risk of adverse health effects and life-threatening illnesses. Migrant children have recently become the focus of stark exploitation in hazardous industries such as meatpacking, auto manufacturing, and construction.

734 Black workers died on the job in 2022- mainly from transportation accidents or exposure to harmful substances and environments. The industries where most Black workers lost their lives were transportation and warehousing (166), administrative and support service (78), and food service (55). Workplace violence continues to be a significant problem. Of the 524 workplace homicides recorded this year 175 were Black.

Regardless of the innate riskiness of any occupation, ignoring safety measures and allowing rampant negligence in the workplace needlessly increases risks associated with already hazardous work. This is why it is imperative that employer always prioritize the safety of their employees and provide adequate training and protective gear. An experienced workplace injury attorney can investigate the circumstances surrounding the death of your loved one and help you determine your best options for recovering compensation.

Slip and fall accidents are one of the most common causes of workplace injuries and fatalities, accounting for nearly 36.5% of all workplace deaths. Many Latino on-the-job fatalities are caused by falling off roofs, subpar scaffolding, ladders, or into unprotected holes. The most frequently cited safety violations on construction sites are inadequate fall protection and violations regarding the use of ladders and scaffolding.

In 2020, foreign-born Hispanic or Latino workers made up 7.9 percent of total employment but accounted for 26.3% of fatalities resulting from falls, slips, and trips. Because many foreign-born Latino and Hispanic workers are employed in construction, they are at an increased risk of sustaining severe crush injuries or suffering fatal amputations from blood loss if they are caught between machinery or heavy equipment. Excessive heat is another significant concern on construction sites and can be overwhelming. There were 43 workplace deaths due to extreme heat conditions in 2022.

In 2021, about 5% of construction worker deaths were from employees getting caught in or between machines. Occupations with the highest rate of electrical fatalities include construction and extraction, transportation and warehousing, installation, maintenance, and repair, and building and grounds cleaning. In fact, the transportation and warehousing industry experienced the highest number of fatalities in the state in 2021 with 182 incidents.

Among Hispanic or Latino workers, 0.18 fatalities per 100,000 deaths were caused by contact with or exposure to electricity. Being struck by falling, flying, swinging, or rolling objects is the third leading cause of fatal work-related injuries. 18.4% of fatalities from contact with objects and equipment involved Hispanic and Latino workers. According to OSHA, about 75% of "struck-by" fatalities involve heavy equipment, such as trucks or cranes. Workers in agriculture, construction, and manufacturing are primarily at risk.

These injuries can result from incidents such as:

• A moving object striking a worker.
• A worker bumping into, stepping on, kicking, or being pushed or thrown onto an object or piece of equipment.
• A part of a worker's body being squeezed, pinched, compressed, or crushed in between shifting objects, stationary objects, or in a wire or rope.
• A worker being struck or crushed by a collapsing structure.

Occupational illnesses caused by exposure to toxic substances pose a significant risk to Black and Latino workers. Each year, exposure to chemicals and other hazardous substances is responsible for more than 50,000 deaths and 190,000 illnesses and occupational diseases, including cancers and other lung, kidney, stomach, and brain diseases. In 2022, 204 Latino workers and 111 Black workers died from exposure to harmful substances in the workplace.

Transportation and warehousing incidents account for the highest share of work-related deaths among foreign-born Latino workers. Work-related transportation accident fatalities are typically caused by roadway crashes involving commercial vehicles, pedestrian accidents in work zones, workers struck by vehicles at road construction sites, and forklift accidents.

Because every case is different, discussing the recoverable damages you may be entitled to through a personal injury lawsuit based on your workplace accidents with an attorney is essential. Generally, an injured worker can be compensated for economic, non-economic, and exemplary damages in a Personal Injury Lawsuit.

Economic damages aim to compensate the victim for actual financial losses and expenses related to the accident. Non-economic damages may be awarded for "subjective, non-monetary losses" that a work-related accident victim may incur due to their injuries.

An injured employee could be entitled to recover the following damages in a personal injury claim for a workplace accident:

Economic Damages

• Medical bills (past and future)
• Lost income/ earning capacity
• Other injury-related out-of-pocket expenses

Non-economic Damages

• Physical pain, impairment, and disfigurement
• Emotional or mental anguish
• Loss of enjoyment of life

Punitive or exemplary damages may be awarded in cases where an employee was injured due to gross negligence or intentional misconduct by their employer. Unlike compensatory damages, which are designed to reimburse injured workers for actual losses they've experienced, this category of damages is intended to penalize the at-fault party for their behavior and deter others from committing similar acts.

When a worker is killed because of the negligence of their employer, certain family members can file a "wrongful death claim". In Texas, the people entitled to pursue a wrongful death claim or lawsuit are the surviving spouse, a biological or adopted child (adult or minor), and the parents of the deceased.

The damages these select members of the deceased worker's family may be eligible to recover in a wrongful death lawsuit include:

• Mental anguish that results from the devastating loss
• Medical costs for the deceased's treatment and care
• Loss of consortium, companionship, and guidance
• Funeral and burial expenses
• Loss of household services provided by the deceased
• Compensation for the deceased's wages, benefits, and future earning capacity
• Physical pain and suffering endured by the deceased prior to their death

If a loved one's death resulted from fraud, malice, or gross neglect, the court may decide to award punitive damages to punish a negligent employee for deliberate or reckless disregard for workplace safety. Understanding the type of compensation available to you and your family members after a loved one is involved in fatal workplace accidents is crucial to ensuring you get the support you deserve. A skilled personal injury lawyer can help family members of the deceased during this difficult time by gathering necessary evidence, ensuring all documents are filed promptly and correctly, and advocating for their best interests.

Personal injury cases in Texas are subject to the statute of limitations, a law that sets the timeframe within which an injured party has to file a lawsuit against an individual responsible for causing a work-related accident and any resulting injuries. The injured party has two years from the date of the accident to file a lawsuit.

After your injury, it is essential to take immediate action. Failing to file a lawsuit within this two-year period may result in the court dismissing your case. A personal injury attorney can ensure you meet all applicable deadlines and guide you through the complexities of the legal process.

At Miller Weisbrod Olesky, we understand that workplace injuries and fatalities are more than just statistics- they're life-altering events that leave lasting impacts on individuals and their families. After a work accident, we aim to protect your rights and ensure that you receive the full compensation you deserve for your suffering and losses.

From meticulously investigating the circumstances surrounding the accident to gathering essential evidence, we are committed to fighting for the justice you deserve. We operate on a contingency fee basis, which means you NEVER have to worry about any upfront costs or legal fees unless/until we successfully secure a settlement or verdict for you. Reach out to us today and let us help you through this difficult time. Schedule your free consultation today by calling 888-987-0005 or filling out our online request form.

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Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.

Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.

Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.

Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.

We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Led by a formidable legal team with an extraordinary record of court verdicts and settlements in construction accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.

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