Hernandez' husband was killed at a jobsite under the control of United. She and her children filed a wrongful death suit against United and others. Later, Hernandez filed for workers compensation benefits, but settled the claim for $10,000 when her husband's employer contested it. United then moved to dismiss the tort suit on grounds Hernandez had elected to take workers compensation and therefore United was immune from tort liability for wrongful death. The trial court agreed, but the Third District Court of Appeal reversed.