The workers’ compensation system is intended to grant benefits to employees who have suffered injuries in the workplace. But what if something goes catastrophically wrong and a person dies as a result of a workplace injury? Does workers’ compensation help the family of the decedent, or do they need to seek outside help?
If the decedent’s employer is a workers’ compensation subscriber, then that worker’s spouse, children, grandchildren, other dependents or parents could be eligible for workers’ comp death benefits. This can include a payment of up to $10,000 to cover funeral expenses.
If the employer is not subscribed to workers’ comp, you may still have a claim. If the injuries leading to death were the result of a third party’s negligence, then you could file a wrongful death third-party claim against the negligent party.
How Do I File a Claim for Workers’ Compensation Death Benefits?
If you are an eligible family member, you need to download and complete a DWC Form-042. You must do this within one year of your loved one’s passing. You will need to file this document with the Texas Department of Workers’ Compensation.
The death of a loved one in a workplace accident is a very devastating event. It can be difficult to deal with things like workers’ compensation and funeral arrangements while you are mourning. One way that you can alleviate some of that struggle is to discuss your case with a workers’ compensation or wrongful death attorney.