Her husband died in a car accident while driving to deliver documents to his employer. But Texas courts have said that she is not eligible for workers’ comp death benefits. Why?
The worker was employed with Bryant Electric Inc., an electrical contractor. As he drove to his office to deliver timesheets before heading to a worksite, he was struck by an oncoming vehicle and died. So, his wife filed a workers’ compensation claim. The company’s workers’ comp employer denied the claim, so the widow initiated an appeal with the Texas Department of Insurance’s Division of Workers’ Compensation (DWC).
In Texas, workers may be compensated for injuries or death that occur during the scope of employment. According to DWC, driving to work – despite having the timesheets to deliver – was non-compensable because he was not being paid for his commute to work. He was also not directed by his employer to proceed from home to the office or to the worksite at the time of the fatal injury, and was not on a special mission from the employer. As such, the worker did not sustain his fatal injury while in the course and scope of his employment with his employer.
What Do I Do If I Lose a Loved One in a Work Accident?
Our law firm understands the pain and struggle that the loss of a loved one in a work accident can cause. The personal grief and the financial uncertainty that comes with the death of a family member can be overwhelming. If you lose a loved one in a work-related accident, our law firm can help you seek out the death benefits your family is entitled to, including lost wages, pain and suffering, medical bills, funeral and burial expenses and more.