ATTORNEY w/ question-WORKERS' COMPENSATION w/ fatal injury

Dallas, TX Viewed 72 times. Posted 3 months ago in Workers Compensation
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Attorney here with a question re: potential fatal injury workers' comp. claim. A young man suffered a fatal job injury in Texas. He was not married, though had 3 children (all under 10 yrs. old) through a girlfriend who had not lived with him for several years. The kids are now with the girlfriend. He had no other children. His parents are both alive, though divorced and his natural mother has remarried. Who has standing to file the claim for death benefits? Does his girlfriend have standing due to the fact that she is named as the life insurance beneficiary and helped support the children? (I would think not, since they were not legally married). Does his natural mother have standing? Would the current husband of natural mother have to be named, or can mother file alone? Thanks! - Is this your question? Add additional information
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Answers (2)

pameladelafield

Posted about 1 month ago. Flag as objectionable
DWC Administrative Law is different than regular civil practice so why don't you recommend a lawyer who is familiar with administrative law? Otherwise you need to read all the rules and statutes so you will know how to handle this case. I'm not a lawyer but I can beat most of them all day long especially when it comes to workers' compensation law. You say you're in Dallas. I haven't used his services but W J Bill Morris (214) 696-2301 is well known and successful in WC law especially if he has to go to court. Or, go spend a few weeks reading up on what you need to do and have the insurance carrier trip you up, Has the death been filed with DWC? There is a time limit. It must be filed in the county or city where the worker was employed, sometimes injured. Most important and where too many lawyers lose before they start, if you file for judicial review, it must be filed in the correct county. It cannot be transferred like other cases if filed in the wrong jurisdiction. You have to serve the Attorney General. There are lot's of ways to get tripped up so get an attorney on this case who knows the law.
Start here:
http://www.tdi.state.tx.us/wc/employee/benefits.html
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Kevin L. Colbert

Kevin L. Colbert

Contributor Level 6
This attorney is licensed in Texas. Posted about 1 month ago. Flag as objectionable
The children have standing to sue by next-friend, and mother could sue as well. It may well be that mother sues on her behalf and as next-friend on behave of the children.
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