Death Income Benefits in Texas Workers’ Compensation Claims
FREE CONSULTATION
Contact Us About Your Case
FREE Consultation Today.
Death Income Benefits in Texas Workers’ Compensation Claims
When a worker dies because of a job‑related injury or illness, Texas law provides Death Income Benefits (DIBs) to help support the surviving family. These benefits are governed by Texas Labor Code §408.181–§408.187 and are designed to replace a portion of the worker’s lost income.
But as with most workers’ compensation benefits, insurance companies often dispute or delay these claims, leaving grieving families overwhelmed at the worst possible time.
This guide explains who qualifies, how much DIBs pay, how long they last, and what families need to know to protect their rights.
What Are Death Income Benefits?
Death Income Benefits are weekly payments made to eligible family members when a worker dies as a result of a compensable work injury or occupational disease.
DIBs are intended to provide financial stability to the worker’s dependents after a tragic loss.
Who Qualifies for Death Income Benefits?
Texas law defines a strict order of priority for who may receive DIBs:
Surviving Spouse
A surviving spouse is the primary beneficiary and receives benefits for life, unless they remarry.
Minor Children
Children under 18 (or up to 25 if enrolled full‑time in an accredited school) share benefits with the spouse or receive benefits alone if there is no spouse.
Dependent Grandchildren
If the worker supported a grandchild, that child may qualify for DIBs.
Other Dependent Family Members
When no spouse or children exist, other dependents — such as parents or siblings — may qualify if they relied on the worker for financial support.
Non‑Dependent Parents
If no dependents exist, non‑dependent parents may receive a limited benefit.
How Much Do Death Income Benefits Pay?
DIBs pay:
75% of the deceased worker’s average weekly wage (AWW)
subject to the state maximum benefit rate
If multiple beneficiaries exist (for example, a spouse and children), the benefit is divided according to statutory formulas.
How Long Do Death Income Benefits Last?
The duration depends on the beneficiary:
Surviving Spouse
- Receives benefits for life, unless they remarry
- If they remarry, they receive a lump‑sum payment equal to two years of DIBs
Children
- Benefits end at age 18
- Continue until age 25 if enrolled full‑time in school
- Continue for life if the child is disabled and dependent
Other Dependents
- Benefits last as long as dependency continues
- End when the dependent no longer meets statutory criteria
What If the Worker’s Death Occurred Long After the Injury?
Texas law allows DIBs when the death is causally related to the original compensable injury — even if the death occurs months or years later.
Examples include:
- Surgical complications
- Infection related to the injury
- Organ failure caused by medication
- Long‑term effects of catastrophic injuries
These cases often require strong medical evidence, and insurance carriers frequently dispute causation.
Common Reasons Death Income Benefits Are Denied
Insurance companies often deny DIBs by arguing:
- The death was not work‑related
- The worker was an independent contractor
- Injury was a pre‑existing condition
- The injury was not compensable
- Family member requesting benefits is not a legal beneficiary
- The claim was filed late
- The worker was intoxicated or violating safety rules
These denials can be challenged — and often overturned — with proper legal representation.
How to File a Death Income Benefits Claim
To receive DIBs, the beneficiary must file:
- DWC Form‑042 (Beneficiary Claim for Death Benefits)
- Supporting documentation such as:
- Marriage certificate
- Birth certificates
- School enrollment records
- Proof of dependency
- Medical records
- Death certificate
The claim must be filed within one year of the worker’s death.
Burial Benefits
In addition to DIBs, Texas workers’ compensation pays burial benefits up to the statutory maximum (adjusted annually).
These benefits reimburse funeral and burial expenses.
How MLF Legal Helps Families After a Fatal Work Injury
Our Texas Workers’ Compensation Lawyers assist families by:
- Proving the death was work‑related
- Establishing legal beneficiary status
- Filing the DWC‑042 and supporting documents
- Challenging wrongful denials
- Representing families at BRCs and CCHs
- Securing burial benefits
- Ensuring the correct weekly rate is paid
Families should not have to fight insurance companies while grieving. We take on the legal burden so they can focus on healing.
The Bottom Line
Death Income Benefits exist to protect families after a devastating loss — but insurance companies often make the process difficult.
If you lost a loved one due to a work‑related injury or illness, you deserve support, clarity, and a lawyer who understands the system.
MLF Legal handles real Texas workers’ compensation cases through the full DWC process — including Death Income Benefits claims.
Call MLF Legal - FREE Consults
If you lost a loved one to a work‑related injury, call MLF Legal today.
📞 214‑357‑1782
We fight for families — not insurance companies.
FAQs: Death Income Benefits in Texas Workers’ Compensation Claims
DIBs are weekly payments to eligible family members when a worker dies from a compensable work injury.
They pay 75% of the worker’s average weekly wage, up to the state maximum.
Spouses, children, dependent grandchildren, and other dependents may qualify.
Spouses receive benefits for life (unless they remarry). Children receive benefits until age 18 or 25 if in school.
Yes — insurance companies frequently dispute causation, dependency, and eligibility.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
Next Steps:
1st
Sign up For a Free One-on-One Work Comp Case Evaluation
NEXT LEGAL STEP
Get a Legal Opinion
Contact us today to schedule your personalized one-on-one free phone consultation with one of our dedicated legal professionals. Our experienced Worker’s Comp Lawyers are here to provide the expert legal guidance and support you need throughout the entire process of your case.
We understand the complexities involved in Worker’s Compensation claims and are committed to helping you achieve the best possible outcome. Don’t hesitate to reach out and take the first step toward securing the justice you deserve.
2nd
Download Free E-Books
NEXT LEGAL STEP
Workers' Compensation
Applying for workers compensation can be a challenging process. It involves filing a claim, providing medical documentation, and navigating the approval process. Seeking guidance from a workers’ compensation attorney can help ensure your rights are protected and your claim is handled properly.
LET’S GET STARTED
Call MLF Legal today
214-357-1782
Fill out our online form
for a free consultation.
We only get paid if we win your case.