Parents cannot waive comp coverage of deceased worker

  Tuesday, March 29th, 2011 Source: Risk and Insurance

On the first day of his employment, a worker was killed when he fell from the 29th floor of a building that was under construction. The employer did not inform the worker of his right to opt out of workers’ compensation coverage and retain a common law right of action that might accrue because of a work-related injury. The day after the accident, the worker’s parents delivered a letter to the employer purporting to waive the worker’s coverage. The following day, they sued the employer. The employer asserted that workers’ compensation was the exclusive remedy for the parents. The Texas Court of Appeals held that the parents’ suit was barred.

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