Safe work environments: mitigating your risk through policies and training

Restaurant chain Whataburger faces a wrongful death lawsuit following the workplace death of an employee who had complained of chest pain and illness. The suit alleges the company was negligent and seeks more than $1 million in damages. Under Texas and federal law, employers owe certain duties to employees, such as the duty to provide a safe work environment. Businesses can mitigate some of the risk associated with workplace injuries by developing, integrating, and training management on safety and emergency response procedures. When in doubt, employers should call 9-1-1 for medical assistance.

Complaint

Two years ago, Alan Shorey, Jr.—a 37-year-old man employed as a cook at a Whataburger restaurant in San Antonio—reported to his supervisors that he was experiencing chest pains and felt ill. According to the lawsuit, in response to his complaints, his supervisors directed him to "sit in the lobby." Four hours later, his coworkers found him hunched over with no heartbeat.

On January 24, 2020, Shorey's widow, Margarita Levario, filed suit against Whataburger in a San Antonio District Court, seeking over $1 million in damages, including punitive damages for its "reckless, heedless, and intentional conduct, and to set an example for others that such conduct will not be tolerated." At this time, Whataburger hasn't filed an answer.

Duties owed to Texas employees