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After Accidents

Do family members get workers’ comp for a fatal accident?

On Behalf of | Jun 25, 2024 | Workers' Compensation

When someone gets injured on the job in Texas, they may be eligible for workers’ comp benefits. These generally will cover the cost of medical care that is necessary after the accident – such as emergency surgery or a trip to the hospital. Workers’ comp also usually pays a portion of that person’s average weekly wages, although it may not be 100% in all cases.

However, these benefits typically apply to those who have been injured and survived those injuries. What happens if someone passes away on the job? Maybe they’re involved in a work-related car accident, for example, or a fall from a ladder. If they pass away from their injuries, does the family get any compensation under current workers’ comp laws?

2 forms of compensation

When it comes to death benefits, there are two different areas to consider. First, the employee’s average weekly wage may still be factored out, and payments can be made to the surviving family members on their behalf. Typically, the beneficiaries will get 75% of their family member’s average weekly wage.

On top of that, though, they may be eligible for up to $10,000 in funeral and burial expenses. This is true if the employee dies from a work-related accident that results in traumatic injuries, and it can also be true if they pass away from a work-related illness. For instance, someone could be exposed to asbestos or other harmful substances, which could eventually cause fatal complications.

Have you lost a loved one in a workplace accident? You may deserve compensation, but the path to claim it can be complex, so sure you know what legal steps to take.