WHAT DO YOU DO WHEN A FAMILY MEMBER IS KILLED ON THE JOB IN TEXAS

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Texas is the only State in the United States that does not have some form of a mandatory workers compensation law. Therefore, if a loved one is injured or killed on the job, there will be different avenues to handles that claim depending upon their employer’s insurance. If their employer is a subscriber to the Texas Workers Compensation System, a DWC-42 form must be filled out to be eligible for death benefits. The policy will also cover up to $6,000.00 in burial benefits. Death benefits are paid to the spouse and children of the deceased. If there is no spouse or children, any dependant family members or immediate family members may be eligible to the death benefit. If the death was the result of gross negligence, the deceased’s wife or children may file a wrongful death claim in addition to the death benefits. If it was the result of the negligence of a third party, there may be a claim against that party. If the employer was a non-subscriber to the Texas Workers Compensation System, a negligence claim may be brought against any liable party. Daniel L. Morris, The Morris Law Firm, (214)357-1782 info@themorrisfirm.net

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