Tex. Labor Code Section 408.183
Duration of Death Benefits


(a)

Entitlement to death benefits begins on the day after the date of an employee’s death.

(b)

An eligible spouse is entitled to receive death benefits for life or until remarriage. On remarriage, the eligible spouse is entitled to receive 104 weeks of death benefits, commuted as provided by commissioner rule.

(b-1)

Notwithstanding Subsection (b), an eligible spouse who remarried is eligible for death benefits for life if the employee was a first responder, as defined by Section 504.055 (Expedited Provision of Medical Benefits for Certain Injuries Sustained by First Responder in Course and Scope of Employment), or an individual described by Section 615.003 (Applicability)(1), Government Code, or Section 501.001 (Discrimination Against Inmates Prohibited)(5)(F), who suffered death in the course and scope of employment or while providing services as a volunteer. This subsection applies regardless of the date on which the death of the first responder or other individual occurred.

(c)

A child who is eligible for death benefits because the child is a minor on the date of the employee’s death is entitled to receive benefits until the child attains the age of 18.

(d)

A child eligible for death benefits under Subsection (c) who at age 18 is enrolled as a full-time student in an accredited educational institution or a child who is eligible for death benefits because on the date of the employee’s death the child is enrolled as a full-time student in an accredited educational institution is entitled to receive or to continue to receive, as appropriate, benefits until the earliest of:

(1)

the date the child ceases, for a second consecutive semester, to be enrolled as a full-time student in an accredited educational institution;

(2)

the date the child attains the age of 25; or

(3)

the date the child dies.

(e)

A child who is eligible for death benefits because the child is a dependent of the deceased employee on the date of the employee’s death is entitled to receive benefits until the earlier of:

(1)

the date the child dies; or

(2)

if the child is dependent:

(A)

because the child is an individual with a physical or mental disability, the date the child no longer has the disability; or

(B)

because of a reason other than a physical or mental disability, the date of the expiration of 364 weeks of death benefit payments.

(f)

An eligible grandchild is entitled to receive death benefits until the earlier of:

(1)

the date the grandchild dies; or

(2)

if the grandchild is:

(A)

a minor at the time of the employee’s death, the date the grandchild ceases to be a minor; or

(B)

not a minor at the time of the employee’s death, the date of the expiration of 364 weeks of death benefit payments.

(f-1)

An eligible parent who is not a surviving dependent of the deceased employee is entitled to receive death benefits until the earlier of:

(1)

the date the eligible parent dies; or

(2)

the date of the expiration of 104 weeks of death benefit payments.

(g)

Any other person entitled to death benefits is entitled to receive death benefits until the earlier of:

(1)

the date the person dies; or

(2)

the date of the expiration of 364 weeks of death benefit payments.

(h)

Section 401.011 (General Definitions)(16) does not apply to the use of the term “disability” in this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.129, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1007 (H.B. 724), Sec. 7, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1018 (H.B. 1094), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 468 (H.B. 2119), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 821 (H.B. 2503), Sec. 1, eff. September 1, 2019.

Source: Section 408.183 — Duration of Death Benefits, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­408.­htm#408.­183 (accessed Jun. 5, 2024).

408.001
Exclusive Remedy
408.002
Survival of Cause of Action
408.003
Reimbursable Employer Payments
408.004
Required Medical Examinations
408.005
Settlements and Agreements
408.006
Mental Trauma Injuries
408.007
Date of Injury for Occupational Disease
408.008
Compensability of Heart Attacks
408.021
Entitlement to Medical Benefits
408.022
Selection of Doctor
408.023
List of Approved Doctors
408.024
Noncompliance with Selection Requirements
408.025
Reports and Records Required from Health Care Providers
408.026
Spinal Surgery
408.027
Payment of Health Care Provider
408.028
Pharmaceutical Services
408.029
Nurse First Assistant Services
408.031
Workers’ Compensation Health Care Networks
408.0041
Designated Doctor Examination
408.041
Average Weekly Wage
408.0042
Medical Examination by Treating Doctor to Define Compensable Injury
408.042
Average Weekly Wage for Part-time Employee or Employee with Multiple Employment
408.0043
Professional Specialty Certification Required for Certain Review
408.043
Average Weekly Wage for Seasonal Employee
408.0044
Review of Dental Services
408.044
Average Weekly Wage for Minor, Apprentice, Trainee, or Student
408.0045
Review of Chiropractic Services
408.045
Nonpecuniary Wages
408.0046
Rules
408.046
Similar Employees, Services, or Employment
408.047
State Average Weekly Wage
408.061
Maximum Weekly Benefit
408.062
Minimum Weekly Income Benefit
408.063
Wage Presumptions
408.064
Interest on Accrued Benefits
408.081
Income Benefits
408.082
Accrual of Right to Income Benefits
408.083
Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits
408.084
Contributing Injury
408.085
Advance of Benefits for Hardship
408.101
Temporary Income Benefits
408.102
Duration of Temporary Income Benefits
408.103
Amount of Temporary Income Benefits
408.104
Maximum Medical Improvement After Spinal Surgery
408.105
Salary Continuation in Lieu of Temporary Income Benefits
408.121
Impairment Income Benefits
408.122
Eligibility for Impairment Income Benefits
408.123
Certification of Maximum Medical Improvement
408.124
Impairment Rating Guidelines
408.125
Dispute as to Impairment Rating
408.126
Amount of Impairment Income Benefits
408.127
Reduction of Impairment Income Benefits
408.128
Commutation of Impairment Income Benefits
408.129
Acceleration of Impairment Income Benefits
408.141
Award of Supplemental Income Benefits
408.142
Supplemental Income Benefits
408.143
Employee Statement
408.144
Computation of Supplemental Income Benefits
408.145
Payment of Supplemental Income Benefits
408.146
Termination of Supplemental Income Benefits
408.147
Contest of Supplemental Income Benefits by Insurance Carrier
408.148
Employee Discharge After Termination
408.149
Status Review
408.150
Vocational Rehabilitation
408.151
Medical Examinations for Supplemental Income Benefits
408.161
Lifetime Income Benefits
408.162
Subsequent Injury Fund Benefits
408.181
Death Benefits
408.182
Distribution of Death Benefits
408.183
Duration of Death Benefits
408.184
Redistribution of Death Benefits
408.185
Effect of Beneficiary Dispute
408.186
Burial Benefits
408.187
Autopsy
408.201
Benefits Exempt from Legal Process
408.202
Assignability of Benefits
408.203
Allowable Liens
408.0221
Request for Description of Employment
408.221
Attorney’s Fees Paid to Claimant’s Counsel
408.222
Attorney’s Fees Paid to Defense Counsel
408.0231
Maintenance of List of Approved Doctors
408.0251
Electronic Billing Requirements
408.0252
Underserved Areas
408.0271
Reimbursement by Health Care Provider
408.0272
Certain Exceptions for Untimely Submission of Claim
408.0281
Reimbursement for Pharmaceutical Services
408.0282
Requirements for Certain Informal or Voluntary Networks
408.0284
Reimbursement for Durable Medical Equipment and Home Health Care Services
408.0446
Average Weekly Wage
408.0815
Resolution of Overpayment or Underpayment of Income Benefits
408.1225
Designated Doctor
408.1415
Work Search Compliance Standards
408.1615
Lifetime Income Benefits for Certain First Responders

Accessed:
Jun. 5, 2024

§ 408.183’s source at texas​.gov