Can You File a Wrongful Death Claim Against an Employer in Texas?
After a tragic workplace accident, the ability to file a wrongful death claim against an employer in Texas depends on whether the employer carries workers’ compensation insurance and if the employer’s negligence caused the death.
Texas Workers’ Compensation and Wrongful Death Claims
Texas is the only state that does not require private employers to carry workers’ compensation insurance. Because of this, the legal options available to a family depend heavily on the employer’s status as a subscriber or nonsubscriber.
Employers With Workers’ Compensation Coverage
If the employer participates in the Texas workers’ compensation system, families generally cannot sue the employer for wrongful death. Instead, the surviving spouse, children, or parents can pursue death benefits through the workers’ compensation program. These benefits may include:
- Income replacement
- Burial expenses
- Death benefits paid weekly to qualifying dependents
However, workers’ compensation limits damages. Families cannot recover pain and suffering, loss of companionship, or punitive damages against a subscribing employer.
Employers Without Workers’ Compensation Coverage
If the employer is a nonsubscriber, the family may file a wrongful death lawsuit. This allows families to recover a broader range of damages, including:
- Medical expenses
- Funeral costs
- Loss of earning capacity
- Loss of companionship and support
- Mental anguish
- Punitive damages (in cases of gross negligence)
Texas law places heavy liability on nonsubscriber employers. Under Texas Labor Code §406.033, nonsubscribing employers cannot use common defenses such as:
- Employee negligence
- Assumption of risk
- Negligence of a coworker
This makes wrongful death cases stronger when the employer is uninsured.
When You Can Sue an Employer Even With Workers’ Compensation
There is one major exception. Under Texas Civil Practice and Remedies Code §408.001(b), families can sue a subscribing employer for wrongful death if the death resulted from the employer’s gross negligence or intentional conduct.
Gross negligence involves extreme indifference to worker safety. Examples include:
- Ignoring known hazardous conditions
- Removing safety guards from machinery
- Forcing employees to work in deadly conditions
- Repeated violations of safety regulations
If gross negligence caused the death, surviving spouses and children may pursue exemplary (punitive) damages.
Suing Third Parties for Wrongful Death
Even when you cannot sue the employer, you may still file a wrongful death claim against other responsible parties. These may include:
- Equipment manufacturers
- Contractors or subcontractors
- Property owners
- Vehicle drivers
- Safety inspection companies
Texas law allows families to file third-party wrongful death claims when negligence outside the employer’s control led to the fatal accident.
Steps to Take After a Workplace Wrongful Death
Families should take several steps to protect their rights:
- Secure the accident report and any available evidence.
- Obtain medical and employment records.
- Avoid communication with insurers or company investigators.
- Preserve any equipment or photographs related to the incident.
- Contact an attorney immediately.
Wrongful death cases require prompt and thorough investigation. Delays can result in lost evidence and weakened legal claims.
Why Legal Representation Matters
An experienced wrongful death attorney in Waco can investigate how the fatal accident occurred, identify every potentially liable party, and review employer safety records, training practices, and prior violations.
A lawyer also evaluates whether gross negligence applies, calculates the full value of economic and non-economic losses, and ensures compliance with Texas’s two-year statute of limitations.
Without legal guidance, families risk missing key evidence, overlooking responsible third parties, or accepting significantly reduced compensation.