If death occurs while the deceased was on the job, the right to sue may change. Under the Texas Workers' Compensation Act, in most instances, an employee who is covered by workers' compensation insurance does not have a right to sue his employer for injuries in the workplace and the beneficiaries or surviving relatives also cannot sue for wrongful death.

Under Texas Workers' Compensation Act, the employee is afforded relatively swift and certain payment of benefits to cure or relieve the effects of the injury without having to prove fault but, in exchange, gives up the wider range of damages potentially available otherwise.

If a person's death on the job was due to the negligent actions of a third party, however, Texas laws allow dependents to pursue a wrongful death suit against the third party, regardless of whether the deceased was covered by workmers' compensation insurance through his/her employer. 

In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to settle the claim or to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call The Law Offices of Alexander M. Gurevich now at (877) 224-9610 (toll free) or (713) 224-9600 The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Please don’t delay!