law-Wrongful-Death-Act | workplace occupational injury workplace death | Workers Compensation Act
A wrongful death action is different than a loss of consortium claim because the Wrongful Death
Act expressly conditions the beneficiaries’ claims on the decedent’s right to maintain suit for his
injuries. Tex. Civ. Prac. & Rem. Code § 71.003(a); see Russell, 841 S.W.2d at 346. The Legislature
created an entirely derivative cause of action when it enacted the Wrongful Death Act, and Dancy’s
beneficiaries are bringing an entirely derivative claim. Their wrongful death action is not in the same
category as a loss of consortium claim for purposes of derivative status analysis. We decline their
invitation to circumvent the clear language of the Wrongful Death Act.
In re Labatt Food Service, LP, No. 07-0419 (Tex. 2009)(Johnson)
(arbitration mandamus, arbitration of wrongful death claim by nonsignatory compelled)