Can Parents Get Workers' Comp For Their Deceased Child?

The Texas workers’ compensation system is intended to protect employees from experiencing financial loss. When an employee has been killed at work, death benefits are payable to spouses, minor children and other dependents.  These benefits are intended to ensure that the death of a worker does not cause financial problems for family members who may have needed the worker’s income.

If a child with no dependents was killed at work, this does not mean that no benefits will be paid for his death. The employee was still covered by workers’ compensation insurance and his family is still entitled to receive some compensation for their loss.  A Houston, TX workers’ compensation lawyer can help parents of a child who lost his life at work to pursue a claim.  Call Abbott and Associates, L.L.C. today to learn more and to get help if your child has been killed at work.

What Happens When a Child With No Dependents Was Killed at Work

The Texas Department of Insurance  establishes the rules for who is entitled to receive death benefits. If the deceased had a spouse, the spouse is entitled to receive these benefits. If the deceased had minor children or children under the age of 25 who are attending school, then the children are entitled to death benefits.  If there is a spouse and children, death benefits are shared. If there was no spouse or children, then other dependent family members (including dependent parents and grandchildren) have the right to make a claim.

If there were no close family members and no dependent family members, then non-dependent parents of an adult child may receive the death benefits.  A Beneficiary Claim for Death Benefits (DWC Form-042) must be completed and filed by the parents in order to receive death benefits when a child with no dependents was killed at work.

If parents were dependent upon their minor child who was killed, the duration of the death benefits that may be paid to parents is limited to a total of 364 weeks. The benefits become available the day after the death of the employee who was killed. If the parents were non-dependent but are eligible because there are no surviving dependents, then the duration of the death benefits is limited to 104 weeks.

Burial benefits are also paid when a child with no dependents was killed at work. The benefits for the cost of the burial are paid to the person who paid for the funeral expenses.

When applying for benefits after a child with no dependents was killed at work, parents will need to demonstrate that the death was work-related. They must file the benefits claim within a year of the time when the employee was killed as a result of his job.

A Houston, TX workers’ compensation lawyer at Abbott and Associates, L.L.C. can represent parents if a child has lost his life.  We can help with your initial benefits claim and can assist if your claim for benefits is improperly denied.  Call today to speak with a workers’ compensation attorney to learn more.

Our Address

12600 N. Featherwood Dr, Ste 200
Houston, Texas 77034

Phone & Fax

Main Office: 713-223-1234
Toll Free: 888-434-2667

Abbott & Associates, L.L.C.
Copyright © 2018 • All rights reserved.
DisclaimerPrivacy Policy

Toll Free 888-434-COMP

Abbott & Associates attorneys are licensed only in the state of Texas unless otherwise indicated in the biographical section. Past performance is no guarantee of future results. We consider employment in another State only in association with co-counsel licensed in that State. References to laws are limited to federal and State of Texas law.