Originally Posted by
OldnGrounded
One of the exceptions that permits employees to sue outside of workers' comp is when an employer has inadequate coverage to compensate for the loss.
I believe that is true for an employee. But for the surviving family to bring suit there are 2 qualifiers that must be satisfied: there is actual harm to the survivors and the employee was not negligent in his death. If in fact the FO was pilot flying then might be hard to pass the latter test. However, each state has different work comp laws.