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ATTORNEY w/ question-WORKERS' COMPENSATION w/ fatal injuryAttorney 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! Attorney answers (2)
Reputation Level 13
Answered over 2 years ago.
Lawsuit / Dispute Attorney in Houston, TX.
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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Reputation Level 12
Answered almost 2 years ago.
Workers' Compensation Lawyer in Dallas, TX.
Death benefits (DIBs) under the Workers' Comp Act would be payable to the children in this case. The girlfriend, if she in fact is not a common law spouse, would not be entitled to recover benefits. The Division of Workers' Compensation website has a decent explanation of eligibility for DIBs. In pertinent part, the Act provides:
Eligible children can receive death benefits until age eighteen (18) or twenty-five (25) if enrolled as a full time student in an accredited college. If there is more than one minor child, as a child loses eligibility the benefits are re-distributed among the other eligible children. Look at Texas Labor Code sec. 408.181 et seq. for more specific answers to the various questions you presented as to who may be an eligible beneficiary. The mother of the children, even if not a beneficiary herself, can initiate the proceedings for the minor children. Other answers (1)
pameladelafield
Answered by a user, over 2 years ago.
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... 1 person marked this answer as good
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