Texas Workers' Compensation
When a compensable injury causes an employee's death, the Texas death benefit paid to the legal beneficiary is:
Answer
75 percent of the employee's average weekly wage
Tex. Labor Code §408.181(b), subject to the §408.061(d) ceiling of 100 percent of the state average weekly wage. Burial benefits are separate: the carrier pays whoever incurred the cost the lesser of the actual reasonable burial expenses or $10,000 (§408.186(a)).
Source: Tex. Labor Code §§408.181(b), 408.186(a)
Not the answer
- 70 percent of the employee's average weekly wage
- 100 percent of the employee's average weekly wage
- A single lump sum of $100,000
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