Texas Labor Code 408.181 – Death Benefits
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(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 § 408.061, the amount of a death benefit is equal to 75 percent of the employee’s average weekly wage.
Terms Used In Texas Labor Code 408.181
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Rule: includes regulation. See Texas Government Code 311.005
(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.