Death Benefits under Texas Law

Under Texas workers compensation law if a family member is killed in a workplace accident or died from injuries suffered on-the-job you may have the right to seek death benefits that replaces the support that person would have provided you. You may also be able to seek reimbursement for funeral and burial expenses.

A claim can be filed as soon as the family member dies from a work-related accident. Death benefits can be paid to a surviving spouse or dependent child or grandchild, or any other family member that can demonstrate that they were at least 20 financially dependent on the deceased.

You may also be entitled to recover medical and other expenses related to the accident prior to the deceased's passing.

When a work related accident is fatal, death benefit claims can be filed against the employer or their insurance company.

Family members of law enforcement officers killed in the line of duty can benefit from the public safety officers benefits programis. Survivors may be eligible to receive various kinds of benefits ranging from death benefit payments and burial assistance to education assistance, pension and health insurance.

If a military service member is the victim of a fatal trucking accident survivors may be eligible to receive military death benefits. These benefits may be in addition to any other forms of recovery available from insurance claims are wrongful death lawsuits.

Unlike workers compensation claims, life insurance protects a family by financially replacing some or all of the deceased's income after their death. there are many different types of life insurance each with different type of coverage and pay out.

Under Texas labor laws multiple people may potentially receive death benefits after the work related death of a family member. Eligible survivors may receive up to 75 of the family members average weekly income.

Such payments are handled automatically through the administrative process of workers compensation. A claimant need not file suit against the employer in fact by state law an employer cannot usually be sued for such accidents if they were carrying workers compensation insurance coverage.

Death Benefit (Accident) in Texas Law

Civil Practice and Remedies


pertaining to firearms and ammunition, admissible evidence

Education Code


pertaining to payment of compensation and death benefits to injured employees

Government Code


pertaining to rights and privileges, law enforcement and public protection

Health & Safety Code


pertaining to emergency management assistance compact, payment of compensation and death benefits to injured members

Insurance Code


pertaining to health benefit plan issuer or life insurer not liable for death or bodily injury

Insurance Code


pertaining to provision of certain insurance services by automobile club

Labor Code


pertaining to funding of subsequent injury fund, exclusive remedy, exemplary damages, average weekly wage for part-time employee or employee with multiple employment, average weekly wage for seasonal employee, average weekly wage for school district employee, death benefits, distribution of death benefits, redistribution of death benefits, initiation of benefits, insurance carriers refusal, administrative violation, third-party liability, pre-existing disqualifying condition

Local Government Code


pertaining to provisions relating to law-enforcement officers

Transportation Code


pertaining to liability offset, prohibited terms, definition of automobile club

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John Q. Lawyer

Attorney at Law

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