The Opening Statement

Can anyone bring a wrongful death claim for a deceased adult against the employer if the adult does not have a spouse or children? What about parents, brothers, sisters, etc.?

Unfortunately, due to the way the worker’s compensation statute is drafted, the only people who can bring claims against an employer are (1) the surviving spouse; (2) “the heirs of the body”, which has been interpreted by the Courts to mean surviving children. Parents are not able to bring such claims. Siblings are not able to bring claims.

Whenever there is a fatality on a Texas highway, it is common for the investigator to order a drug screen on the deceased person. With the liberalization of marijuana law across the country, access to marijuana has never been easier and more common. However, tests, and their results, are still trying to catch-up.