Workers’ compensation coverage is designed to prevent injured workers from suffering financial losses due to on-the-job injuries. When a work injury happens, the injured worker can make a benefits claim. In some tragic cases, however, the workplace illness or injury results in the death of the employee. When this happens, it may be possible for surviving family members and dependents to receive burial and death benefits from the employer’s workers’ compensation insurer.

To get workers compensation benefits if a family member died to work injuries, there are specific steps that you must take. A Texas workers’ compensation lawyer at Abbott and Associates, L.L.C. can help you to get the benefits that you deserve after someone you love was killed on the job.

How to Get Workers’ Compensation Benefits if a Family Member Died Due to Work Injuries
According to the Texas Department of Insurance, death benefits if a family member died due to work injuries are payable to:

  • A surviving spouse of the worker who was killed.
  • Minor children, or children who are under the age of 25 and who are enrolled at an educational institution.
  • Dependent grandchildren or other dependent family members who relied on the income of the deceased.
  • Non-dependent parents if their child is killed on the job and if the child had no surviving eligible dependents.

In order to get workers’ compensation benefits if a family member died to work injuries, the legal beneficiary must complete a Beneficiary Claim for Death Benefits, which is DWC Form-042.  This form must be filed within a one year period of time from the date of the workplace injury or illness that resulted in the death of the employee.

An eligible beneficiary becomes entitled to death benefits starting from the day after the employee has been killed. The benefits will continue to be paid until the beneficiary has stopped qualifying based on entitlement requirements. Entitlement requirements vary depending upon the relationship of the beneficiary to the deceased. For example, a surviving spouse is entitled to continue receiving death benefits for the rest of his or her life, unless the spouse remarries. If a surviving spouse does remarry, he or she will receive a lump sum payment that is equal to two years of the benefits.
Children are eligible for death benefits until the age of 18, or until the age of 25 as long as the child remains a full time student attending an educational institute.

When there are multiple eligible dependents, including a surviving spouse and dependent children, death benefits may be split among those who are eligible.

A Texas workers’ compensation lawyer can provide assistance to those who have lost loved ones in making a claim for workers’ compensation benefits. Contact Abbott and Associates, L.L.C. today to learn more about how to make a claim for workers’ compensation benefits after if a family member died due to work injuries.

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