Texas Workers’ Compensation Provide Benefits to the Family of a Deceased Dependent
When a worker dies because of a job-related injury or illness, Texas workers’ compensation offers vital financial support to surviving family members. These benefits are designed to ease the financial burden after a tragic loss and help dependents maintain stability. Understanding how these benefits work in Texas can help families navigate the claims process with confidence.
Who Qualifies for Death Benefits in Texas?
In Texas, workers’ compensation provides death benefits to the deceased employee’s:
- Legal spouse
- Minor children
- Children under 25 who are full-time students
- Adult children with disabilities
- Dependent grandchildren (if they were financially supported by the worker)
- Other dependents (in rare cases, if no spouse or children exist)
If there is no surviving spouse, child, or dependent, the benefits may pass to non-dependent parents or siblings, but this only occurs when no eligible dependents exist.
What Benefits Does the Family Receive?
1. Weekly Income Benefits
Texas workers’ compensation pays weekly death benefits to dependents. These payments equal 75% of the worker’s average weekly wage, up to a state-set maximum. Payments continue as long as the dependent qualifies—for example, for life for a spouse who does not remarry, or until a child turns 18 (or 25 if a full-time student).
If a spouse remarries, they typically receive a lump-sum payment equal to two years of benefits.
2. Burial and Funeral Expenses
Texas workers’ compensation also covers reasonable burial expenses, up to the amount allowed by state law. This helps relieve families from the financial pressure of funeral-related costs.
How to File for Death Benefits
Families must file a Claim for Death Benefits (DWC Form-042) with the Texas Division of Workers’ Compensation. They should also notify the employer and insurance carrier as soon as possible. Supporting documents—such as a death certificate, proof of dependency, and accident reports—will be required.
Conclusion
Yes, Texas workers’ compensation provides meaningful benefits to the surviving spouse, children, and eligible dependents of a deceased worker. These benefits include weekly income support and funeral expenses, helping families cope financially during a very difficult time.
