You are allowed to sue an employer for a wrongful death accident as long as the employer did not subscribe to workers’ compensation.
Texas law allows employers to choose weather they participate in the workers’ comp program. If the employer DOES subscriber to workers’ comp insurance, you are NOT allowed to sue for a wrongful death (except in the case of gross negligence). Because of this lawsuit protection, many employers PRETEND to have this kind of insurance; however, the only way to tell for sure is to check with the Texas Department of Insurance. Call us at 1-877-405-4313, and we will find out for you (for free).