Can You File a Wrongful Death Lawsuit in Texas Against an Employer?

Losing a loved one due to a workplace accident is a devastating experience that no family should have to endure. The emotional trauma is overwhelming, and questions about legal options often arise during this difficult time as families seek answers and accountability for their loss.

Whether you can file a wrongful death lawsuit in Texas against an employer depends on several key factors, primarily whether your employer carries workers’ compensation insurance. If your employer is a “non-subscriber” (meaning they don’t have workers’ comp coverage), you can file a wrongful death lawsuit. However, if they do have workers’ compensation insurance, your options may be limited to filing a workers’ compensation death benefits claim — unless you’ve already opted out of workers’ comp — with some exceptions for cases of gross negligence.

At Grimes & Fertitta, our Houston wrongful death lawyers understand the stress and confusion that come with workplace wrongful death cases and have helped numerous families navigate these challenging waters. Grimes & Fertitta can help make sure your family makes the right decisions for your future, no matter which avenues are available for justice.

Call 713-224-7644 or contact us online today for a free consultation to discuss your options and learn how we can help protect your family’s interests during this difficult time.

What is considered wrongful death in Texas?

Under Texas law, a wrongful death occurs when someone’s wrongful act, neglect, carelessness, unskillfulness, or default causes another person’s death. In the workplace context, this could include deaths caused by unsafe working conditions, faulty equipment, lack of proper safety protocols, or inadequate training.

To qualify as a wrongful death case in Texas, several elements must be present:

• The death must have been caused by another party’s wrongful action or negligence.
• The deceased person would have been entitled to file a personal injury claim had they survived.
• The death has caused monetary damages to the surviving family members.
• The claim is being filed by eligible family members (spouse, children, or parents of the deceased). Siblings cannot file a wrongful death claim in Texas.

It’s important to note that in Texas workplace cases, the standard for proving wrongful death against an employer who carries workers’ compensation insurance is particularly high — you must be able to prove “gross negligence” rather than ordinary negligence. Gross negligence means the employer was not just careless, but showed conscious indifference to employee safety or acted with awareness that their actions would likely result in death or serious injury.

Texas wrongful death statute of limitations: time limit for filing your claim

The Texas wrongful death statute sets strict time limits for filing a claim. In most cases, surviving family members must file a wrongful death lawsuit within two years from the date of their loved one’s death.

The statute of limitations is an incredibly important legal deadline — missing it typically means losing your right to seek compensation through the courts. While there are some rare exceptions that might extend this deadline, it’s essential to consult with a personal injury lawyer in Houston as soon as possible to protect your legal rights and ensure your claim is filed within the required timeframe.

Can you sue an employer for wrongful death?

In Texas, your ability to sue an employer for wrongful death largely depends on whether the employer subscribes to workers’ compensation insurance. This creates two distinct scenarios for surviving family members seeking justice:

For non-subscriber employers (WITHOUT workers’ comp):

If your loved one’s employer opted out of workers’ compensation coverage, or your loved one individually opted out, you have a broader right to file a workplace wrongful death claim.

In these cases, you can pursue legal action based on ordinary negligence, which means proving the employer failed to exercise reasonable care in providing a safe workplace. This lower standard of proof often makes it easier to hold non-subscriber employers accountable for workplace fatalities.

For subscriber employers (WITH workers’ comp):

If the employer carries workers’ compensation insurance, filing a wrongful death lawsuit becomes more challenging. Generally, workers’ compensation serves as the exclusive remedy for work-related deaths, providing death benefits to eligible family members. However, there is one crucial exception: you can still file a lawsuit if you can prove the death resulted from the employer’s gross negligence. Gross negligence requires showing that the employer:

• Was aware of an extreme risk to worker safety
• Proceeded with conscious indifference to employee welfare
• Knowingly implemented or maintained practices that led to the fatal incident

Additionally, in cases where workplace deaths also involve third parties who could be liable , you may have options to sue those third parties. For instance, if faulty equipment or a contractor’s negligence contributed to the death, you might have grounds for a wrongful death claim against the contractor or manufacturer, regardless of the employer’s workers’ compensation status.

Continue reading: Can you sue someone for emotional distress?

Who can file for wrongful death after a workplace accident?

Texas law strictly defines who has the legal right to file a wrongful death claim after losing a loved one in a workplace accident. Not all family members are eligible to pursue compensation, even if they were financially or emotionally dependent on the deceased worker.

Under Texas law clearly distinguishes who can and cannot file a workplace wrongful death claim:

Family members who CAN file	Family members who CANNOT file
The surviving spouse (including common-law spouses who meet Texas legal requirements)	Siblings of the deceased (regardless of whether they were financially dependent)
Biological and legally adopted children of the deceased	Grandparents of the deceased
Parents of the deceased (including adoptive parents)	Non-adopted stepchildren
	Other family members or dependents not listed above

Eligible family members can file the claim either individually or as a group. If they don’t take action within three months of the death, the executor or administrator of the deceased person’s estate may file the wrongful death claim on behalf of the beneficiaries, unless a family member specifically requests they do not.

What are the chances of winning a wrongful death lawsuit?

The likelihood of success in a workplace wrongful death lawsuit in Texas depends on several major factors, particularly the strength of your evidence and whether the employer carries workers’ compensation insurance. Understanding these factors can help set realistic expectations about your case’s potential outcome.

For employers without workers’ compensation insurance (non-subscribers), the chances of a successful lawsuit are generally higher because:

• You only need to prove ordinary negligence rather than gross negligence
• The employer cannot use certain common legal defenses
• The burden of proof is lower
• Evidence of basic safety violations can often be sufficient to establish liability

However, for employers with workers’ compensation coverage, winning a lawsuit requires proving gross negligence, which is significantly more challenging. Success in these cases typically depends on:

• Clear evidence of the employer’s conscious disregard for safety
• Documentation of previous similar incidents or safety violations
• Testimony from coworkers about unsafe practices
• Expert witness testimony to establish industry standards and how they were violated
• Physical evidence and accident reconstruction
• OSHA violation records and investigation findings

Learn more: How does a wrongful death lawsuit work?

What is the average settlement for wrongful death in Texas?

While every case is unique, workplace wrongful death settlements can range from several hundred thousand to millions of dollars. The final amount depends on factors such as:

• The deceased worker’s age and earning capacity
• The employer’s degree of negligence
• The strength of evidence
• Whether punitive damages may apply
• The number of dependent family members
• The deceased’s pre-death pain and suffering
• The insurance coverage available

At Grimes & Fertitta, we thoroughly investigate each case and build the strongest possible evidence base to support your claim. Our firm works with industry-leading expert witnesses who can testify about safety standards, workplace conditions, and the employer’s duty of care. While we can never guarantee a specific outcome, our experience and comprehensive approach to workplace wrongful death cases help maximize your chances of securing fair compensation for your loss.

Ready to seek justice? Let Grimes & Fertitta fight for your family’s rights.

Filing a wrongful death lawsuit in Texas against an employer requires extensive legal knowledge, careful timing, and a thorough understanding of workers’ compensation laws.

At Grimes & Fertitta, we understand that no amount of compensation can replace your loved one. However, we believe in holding negligent employers accountable and ensuring your family’s financial security.

We’ll investigate the circumstances of your loved one’s death, gather crucial evidence, work with expert witnesses, and fight tirelessly to secure the compensation your family deserves. The path to justice starts with a single step — reaching out for our professional legal guidance.

Call us today at 713-224-7644 or contact us online for a free, confidential consultation.

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