Wrongful Death Lawsuit Still Possible For Worker's Family?

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In a case involving the family of Felix Juarez, a worker at the Windsor Island Mine who died from head injuries after being struck by a backhoe bucket, the Oregon Supreme Court rejected the workers' comp suit. The justices made a unanimous decision that the Oregon Constitution did not automatically give the family the right to sue a company for negligence that resulted in its worker's death.

According to a Statesman Journal article out of Salem, Oregon, Justice Robert Durham wrote:

"We note the limited nature of our holding in this case," Durham wrote in a footnote. "We conclude only that these plaintiffs did not allege an injury to person, property or reputation. We do not address whether different plaintiffs asserting a wrongful-death claim could prevail under the Oregon Constitution."

Does the Juarez case still have a chance as a wrongful death claim?