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An on-the-job death and your right to certain benefits

On Behalf of | Apr 4, 2017 | Workers' Compensation |

It is always a tragedy when a workplace accident claims the life of a Texas worker. The loved ones left behind not only have to deal with the emotional trauma that comes with the loss of a family member but will likely also deal with certain financial difficulty as well.

If you lost a loved one in a work accident, you have the right to death benefits through workers’ compensation insurance. It is impossible to adequately compensate your family for the loss, but you may have grounds to seek support for your financial losses, such as medical bills and more.

Burial and death benefits for family members

In Texas, workers’ compensation benefits go to beneficiaries of a person killed due to a work-related injury or occupational illness. Legal beneficiaries can include:

  • Spouse

  • Children

  • Grandchildren

  • Parents

  • Other dependents

The individual who incurred the funeral costs could be eligible for compensation up to $10,000 for these specific expenses. Those left behind could also be eligible for benefits to cover a portion of the deceased’s lost income. In some cases, a third-party liability claim may be a viable option. In this difficult time, maximizing benefits and seeking compensation from all available sources can be important for financial stability in the future.

How can I claim rightful benefits?

Securing rightful workers’ compensation can be frustrating. Insurance companies do not have your best interests in mind, and you may find it beneficial to seek legal support to assist in your effort to secure the benefits you deserve. Death benefits can help your family during an incredibly difficult time, and you may not get everything to which you are entitled if you attempt to navigate this process on your own.

Beneficiaries who are seeking death benefits after a fatal work accident must fill out the appropriate forms within one year of the death. Applicants must include a copy of the death certificate and other important documentation as well.

Why do I need an attorney if I have a valid claim to benefits?

The workers’ compensation system can be complex. Having an attorney working on your behalf and advocating for your interests may give you a better chance of a successful initial claim. He or she can also handle frustrating complications, such as a denied or delayed claim, as well as any necessary appeals.

After the work-related death of a loved one, you will find great benefit in having a legal ally to guide your family through the complicated legal and financial matters at hand.