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Will Workers’ Compensation Cover a Work-Related Death in my Family?

Posted on in Work Place Injuries

When a loved one is killed in a work-related accident or succumbs to a fatal work-related illness, the family not only has to deal with the hardship of a lost companion, but the family's income may be significantly reduced.

In situations like these, a type of Texas workers' compensation benefit known as “death benefits” may apply to the surviving family members.

Surviving Beneficiaries

A legal beneficiary is able to get benefits the day after the death of their family member. According to the Texas Department of Insurance, death benefits may be paid to:

  • a surviving spouse

  • minor children

  • children less than 25 years old who are enrolled in an accredited college or university,

  • dependent grandchildren

  • other dependent family members

  • non-dependent parents (but only when there are no surviving eligible dependent family members)

However, the amount of compensation potentially available to each of the above parties will vary based on their relationship and dependency on the deceased worker.

Compensation Available to Family

Death benefits are equal to 75% of the deceased workers' Average Weekly Wage at the time of the work accident or events leading up to their death.

A surviving spouse may receive these benefits for the remainder of his or her life, unless this person remarries. A child, on the other hand, may receive benefits until they turn 18, or until they turn 25 if they are attending school full time.

In addition, the insurance carrier of the employer may also pay for burial expenses. The person who has the expenses must notify the insurance company within 12 months of the date of death and attach all related documents showing burial and funeral expenses.

If you lost a loved one due to a work-related accident or illness in Texas, we understand that this is an incredibly difficult time for you and your family right now. At The Edwards Law Firm, our Corpus Christi workers' compensation attorneys are here to provide you with the caring and seasoned legal advocacy you need and deserve.

We will work hard to ensure you obtain the compensation you need to continue to recover financially and heal together as a family.

Contact The Edwards Law Firm at 361-698-7600 to schedule your free case evaluation.

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