Can My Family Sue for an Oilfield Wrongful Death in Texas?
Yes. Under the Texas Wrongful Death Act, the spouse, children and parents can sue any company whose negligence caused the death. If the employer carried comp, the spouse and children can still sue it for exemplary damages when gross negligence caused the death, under Labor Code 408.001(b). The family may also qualify for comp death benefits. Most lawsuits must be filed within two years of the death.
If you're reading this because someone you love didn't come home from a hitch, we're sorry. Nothing on this page changes what happened. It's here so you know your rights before the companies involved start telling you what they are.
Wrongful Death and Survival Claims
Texas law gives families two separate claims after a death caused by negligence. They're usually filed together.
The family's own losses
Brought by the spouse, children and parents for what they lost: income and support, household services, love and companionship, mental anguish and lost inheritance. Civil Practice and Remedies Code Chapter 71.
The worker's own claim
Brought by the estate for what the worker suffered before death, including pain and mental anguish, plus medical and funeral expenses. Section 71.021.
Who Can File the Claim
Under Civil Practice and Remedies Code 71.004, the wrongful death claim belongs to three groups:
Siblings, grandparents and unmarried partners can't bring a wrongful death claim, even if they were close. Any eligible family member can file alone or with the others. If none of them files within three months of the death, the executor or administrator of the estate can file unless all of them ask that no suit be brought. The jury decides how damages are split among the family.
Suing the Employer: It Depends on Comp
Employer Has Comp
Spouse and children can sue only for exemplary damages, and only for gross negligence or an intentional act.
Employer Is a Nonsubscriber
A full wrongful death and survival suit, and the company can't blame the worker's own carelessness.
Other Companies
Operators, contractors, manufacturers and trucking companies face the full claim either way.
The gross negligence claim against a comp employer
Comp normally bars suits against the employer. Texas Labor Code 408.001(b) carves out one exception for deaths: the spouse and the worker's children can recover exemplary damages if the employer's gross negligence or intentional act caused the death. Parents can't bring this claim.
Gross negligence means the company knew about an extreme risk and went ahead anyway with conscious indifference to the people exposed to it. It has to be proven by clear and convincing evidence. In the oilfield, it often looks like ignored pressure warnings, a disabled safety system, a known bad piece of equipment kept in service or a crew sent into H2S without monitors.
Comp Death Benefits
If the employer carried comp, the family can collect death benefits regardless of fault, and that doesn't stop claims against other companies:
Weekly benefits equal to 75 percent of the worker's average weekly wage, subject to state limits.
For the spouse, benefits for life, or a two year lump sum on remarriage. Shared with children when there are children.
For children, benefits until 18, or 25 if a full time college student.
Burial expenses up to $10,000 for injuries on or after September 1, 2015.
The death benefit claim must be filed with the Division of Workers' Compensation or the carrier within one year of the death. The comp carrier will have a lien on any recovery from other companies. See comp liens.
Who Else Is Responsible?
Most oilfield deaths involve more than one company. Struck by incidents, vehicle crashes, explosions and H2S releases usually trace back to equipment, procedures or decisions owned by someone other than the worker's employer. Each of those companies can be sued for the full wrongful death and survival claims. See operator liability, blowouts and explosions and oilfield truck accidents.
What Families Should Do Now
OSHA investigates most oilfield deaths, but its report can take months and its job is to cite safety violations, not to protect the family's claim. Your own investigation needs to start before the location is cleaned up and the rig moves.
When children are involved
Any settlement for a minor child needs a judge's approval, and the court usually appoints a separate lawyer to protect the child's share. The money is often placed in a trust or court registry until the child turns 18. Plan for that from the start.
The Clocks That Start at Death
Family Priority
The spouse, children and parents have three months to file before the estate can step in.
Comp Death Benefits
The death benefit claim and burial expense request must be filed within a year of the death.
Wrongful Death Suit
Most wrongful death lawsuits must be filed within two years of the date of death.
More on Wrongful Death
Who can file a wrongful death lawsuit in Texas?
The surviving spouse, children and parents of the person who died, under Civil Practice and Remedies Code 71.004. Any of them can file alone or together. If none files within three months, the estate's executor or administrator can file unless all of them ask that no suit be brought.
Can a family sue the employer if an oilfield worker was killed?
If the employer carried workers' comp, the spouse and children can sue it only for exemplary damages, and only if gross negligence or an intentional act caused the death. If the employer was a nonsubscriber, the family can bring a full wrongful death suit. Claims against other companies on location are available either way.
What workers' comp death benefits are available in Texas?
Eligible family members receive 75 percent of the worker's average weekly wage, subject to state limits, plus up to $10,000 in burial expenses for deaths from injuries on or after September 1, 2015. The claim must be filed within one year of the death.
How long does a family have to file an oilfield wrongful death lawsuit?
Generally two years from the date of death under Civil Practice and Remedies Code 16.003. Comp death benefit claims must be filed within one year.
See all of our oilfield injury questions, or read about well blowout injury claims.
Civil Practice and Remedies Code Chapter 71 · Texas Labor Code Chapter 408 · Texas Department of Insurance, Death and Burial Benefits · Civil Practice and Remedies Code Chapter 16
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship.
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