Yes. Under the Texas Wrongful Death Act (Chapter 71), certain surviving family members have the legal right to sue if a loved one’s death was caused by a company’s “wrongful act, neglect, carelessness, or unskillfulness.” While many believe that workers’ compensation is the only option, Texas law provides two major exceptions that allow families to file lawsuits for millions in damages: Gross Negligence and Third Party Liability.

1. Who Has the Right to Sue in Texas?

Texas law is very specific about who can file a wrongful death claim. Only the following “statutory beneficiaries” are eligible:

• The Surviving Spouse: Including common law spouses.

• The Children: Both biological and legally adopted children (including adult children).

• The Parents: Both biological and adoptive parents.

Note: Under Texas law, siblings, grandparents, and common law partners (without legal proof of marriage) cannot file a wrongful death lawsuit, regardless of how close they were to the deceased.

2. Breaking the “Workers’ Comp” Barrier

Typically, if an employer has workers’ compensation, they are immune from lawsuits. However, in fatal oilfield accidents, there are two ways to bypass this:

A. The Gross Negligence Exception

If the employer’s conduct was grossly negligent, meaning they were aware of an extreme risk and ignored it (e.g., forcing a crew to work during a lightning storm or bypassing blowout preventer alarms), the family can sue for Punitive (Exemplary) Damages, even if the employer carries workers’ comp.

B. Third Party Claims

On a complex West Texas job site, the employer is rarely the only party involved. You can sue any third party whose negligence contributed to the death, such as:

• The site operator (the “Oil Company”).

• A different subcontractor (e.g., a trucking or casing company).

• An equipment manufacturer (if a tool or machine failed).

3. What Damages Can the Family Recover?

Unlike workers’ comp death benefits, which only pay a portion of wages and funeral costs, a wrongful death lawsuit covers the full scope of the family’s loss:

• Pecuniary Loss: The loss of the deceased’s future earning capacity, benefits, and financial support. 

• Loss of Inheritance: The money the deceased would have likely saved and left to the family had they lived a full life.

• Loss of Consortium: Compensation for the loss of love, companionship, and comfort.

• Mental Anguish: The emotional pain and torment suffered by the family members left behind. 

• Survival Damages: A separate claim for the physical pain and mental anguish the worker suffered before they passed away.

4. The Timeline: Two Critical Deadlines

• The 90 Day Rule: If the spouse, children, or parents do not file a claim within three calendar months, the executor or administrator of the estate must file it instead (unless the family specifically asks them not to).

• The 2 Year Statute of Limitations: In nearly all cases, you must file your lawsuit within two years of the date of death. If you miss this deadline, your right to sue is gone forever.

Frequently Asked Questions

Can adult children sue for the death of a parent? Yes. Unlike some states, Texas allows adult children to sue for the loss of a parent’s companionship and financial support.

What if my loved one was partially at fault? Under Texas “Modified Comparative Fault,” you can still recover damages as long as your loved one was 50% or less at fault. The final award is simply reduced by their percentage of fault.

Is there a cap on how much a family can win? There is no general cap on “actual” damages (wages, pain, etc.) in Texas. However, Punitive Damages (punishment money) are capped at $200,000 or a formula based on economic losses, whichever is greater.