Sec. 408.181. DEATH BENEFITS. (a) An insurance carrier shall pay death benefits to the legal beneficiary if a compensable injury to the employee results in death.
(b) Subject to Section 408.061, the amount of a death benefit is equal to 75 percent of the employee's average weekly wage.
(c) The commissioner by rule shall establish requirements for agreements under which death benefits may be paid monthly. Death benefits may be paid monthly only:
(1) on the request of the legal beneficiary and the agreement of the legal beneficiary and the insurance carrier; and
(2) in compliance with the requirements adopted by the commissioner.
(d) An insurance carrier may pay death benefits through an annuity if the annuity agreement meets the terms and conditions for annuity agreements adopted by the commissioner by rule. The establishment of an annuity under this subsection does not relieve the insurance carrier of the liability under this title for ensuring that the death benefits are paid.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.127, eff. September 1, 2005.
Notes of Decisions
Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex. 2010).
· cites it 4× “TEX. LABOR CODE § 408.181(a). [6] As can be seen, the substance of the causation standard has remained the same since 1913: death benefits have been and are payable if "death should result from the injury," "death results from the injury," the "injury results in death," or "a…”
State Off. of Risk Mgmt. v. Carty, 436 S.W.3d 298 (Tex. 2014).
“Tex. Lab.Code § 408.181(a), (b). As is relevant to this case, if the employee is survived by an eligible spouse and one or more eligible children, half of the benefits are paid to the spouse and half to the children in equal shares.”
— Tex. Lab. Code § 408.181(a) — 6 cases
Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex. 2010).
“TEX. LABOR CODE § 408.181(a). [6] As can be seen, the substance of the causation standard has remained the same since 1913: death benefits have been and are payable if "death should result from the injury," "death results from the injury," the "injury results in death," or "a…”
State Off. of Risk Mgmt. v. Carty, 436 S.W.3d 298 (Tex. 2014).
“Tex. Lab.Code § 408.181(a), (b). As is relevant to this case, if the employee is survived by an eligible spouse and one or more eligible children, half of the benefits are paid to the spouse and half to the children in equal shares.”
— Tex. Lab. Code § 408.181(b) — 1 case
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