After a worker has passed away, a widow should be eligible to receive death benefits. It is important to understand the requirements associated with receiving these benefits so you can have the income coming in that you need in order to pay your bills and take care of your family.
The loss of someone you love is devastating, and the last thing you need is to worry about paperwork and dealing with workers’ comp insurers- especially if there are any problems or if the insurer does not accept your claim to benefits right away. Workers’ comp benefits come to a widow after death to ensure a family is provided for, and you deserve to get the money you need quickly and without hassle. A Texas workers’ compensation lawyer at Abbott and Associates, L.L.C. can take care of everything on your behalf when it comes to securing the workers’ comp benefits the law entitles you to.
If your loved one qualified to receive medical coverage and disability benefits due to a workplace injury, you should also be covered for death benefits. These benefits are paid to widows in the amount of 75 percent of the average weekly wage the deceased was earning before he got hurt. If there are also children, then death benefits will be shared among the widow and the kids, with the children receiving half of the benefits and the spouse receiving half.
How Long Can You Receive Workers’ Compensation Death Benefits?
The death benefits that you should receive after a loved one’s death should be available indefinitely. However, if you remarry, you will not continue to receive ongoing death benefits. Instead, you will receive a lump sum payment equal to 104 weeks of the benefits you were receiving and will not be paid anything further as a widow.
Workers’ comp benefits come to a widow after death as soon as the worker has passed away. In fact, the benefits begin to be owed to the surviving spouse the day after the worker has been killed. However, a form must be completed in order for a widow to get benefits after a loved one has been killed at work. The form, Beneficiary Claim for Death Benefits (DWC Form-042), should be submitted to the Texas Department of Insurance Division of Workers’ Compensation within a year of the death of the worker.
Not all employers in Texas are covered by workers’ compensation. If your spouse was not covered by workers’ comp, you will not be able to receive death benefits after a death. However, you may be able to file a personal injury claim if someone was responsible for causing the death to occur.
Even when a worker should be covered, workers’ comp insurers sometimes try to fight paying what is owed. You should not have to face financial disaster because one of the breadwinners in your family has been killed due to work tasks. Contact the Texas workers’ compensation lawyers at Abbott and Associates, L.L.C. for help getting the death benefits that you are entitled to by law.