No photo
Asker
Posted over 1 year ago.

They were a worker's compensation subscriber.

Carmine John Giardino
Carmine John Giardino, General Practice Lawyer - San Antonio, TX
Posted over 1 year ago.

Worker's comp doesn't aways prevent liability of the employer. If Gross negligence is proved, the employer is liable even with worker's comp. Also, depending on how he passed away, there could be a claim against a 3rd party even if the employer had worker's comp.

Carmine John Giardino
Carmine John Giardino, General Practice Lawyer - San Antonio, TX
Posted over 1 year ago.

Also, not all plans qualify as worker's comp claims. Some employers make it look like its worker's comp when it's just an imitation worker's comp claim.