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Death Claims

1. What about wrongful death. Can I sue for wrongful death if the company has workers' compensation?

If your loved one was killed on the job, you have my sympathy. You are likely eligible for death benefits from the workers' compensation insurance, and you may be able to sue the employer for causing the death through gross negligence. In layman's terms, that means if the employer knew about the dangerous situation that caused the death, or was indifferent to it, they can be sued by the heirs of the deceased worker. Check with an attorney to proceed quickly in such cases.

2. How do I know if I am eligible for death benefits?

You are eligible for death benefits if you are the eligible beneficiary of someone who sustained a compensable injury resulting in death. That means either the person died on the job or sustained an injury and later died from the effects of that injury (such as complications from surgery or the side effects of medications taken for the injury).

3. How do I file a claim for death benefits?

You must file a form DWC-42 or apply online at TXCOMP. Link HERE.

Send the completed DWC Form-042 to the TDI-DWC at the following address:

Texas Department of Insurance, Division of Workers' Compensation

7551 Metro Center Drive, Suite 100, MS-94

Austin, Texas, 78744-1645

The application for death benefits should include proof of beneficiary status (such as death certificate of the worker, marriage certificate for a spouse, or birth certificates for children). Parents, grandchildren, or other dependents may be eligible in some cases and proof of financial dependent status should be provided.

Like an injury claim, a death claim must be filed within 1 year, with some exceptions.

Contact San Antonio Workers Compensation and Accident Lawyer Alan Tysinger

Suffering an on the job injury or losing a loved one to an accident is an emotional and difficult challenge. Battling with insurance and getting the right legal answers is something you won't want to do alone. Attorney Alan Tysinger has experience and know-how to get to the truth of your injury case and hold the insurance or employer accountable. You can get a free consultation with a personal injury lawyer in San Antonio by calling toll-free 866-957-2667 or send a message online.