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Texas Employment Law: Death and Burial Benefits

This article answers common questions about death and burial benefits. This material is excerpted from material by the Texas Department of Insurance.

Death and Burial Benefits

Death benefits may be available to replace a portion of family income that is lost when an employee dies because of a work-related injury or occupational illness. Some dependents of the deceased employee may be eligible to receive death benefits.

Death benefits may be paid to:

  • surviving spouse
  • minor child(ren)
  • child(ren) enrolled in an accredited educational institution who is less than 25 years old
  • dependent grandchild(ren)
  • other dependent family member(s)
  • non-dependent parents - only when there are no surviving eligible dependent family members.

Non-dependent parents of the deceased employee may be entitled to death benefits when there are no surviving eligible dependent family members.

Read more about Death and Burial Benefits at tdi.texas.gov.

How to File for Death Benefits

To file a claim for death benefits, a beneficiary must complete and submit a Beneficiary Claim for Death Benefits (DWC Form-042) to the TDI-DWC within one year of the death of the employee.

Read more about Death and Burial Benefits at tdi.texas.gov.

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For more information about death and burial benefits from the Texas Department of Insurance.