Texas Statutes

§ 408.181 — DEATH BENEFITS.

Texas § 408.181
JurisdictionTexas
Code LALabor Code

This text of Texas § 408.181 (DEATH BENEFITS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tex. Labor Code Code Ann. § 408.181 (2026).

Text

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 co

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Related

Transcontinental Insurance Co. v. Crump
330 S.W.3d 211 (Texas Supreme Court, 2010)
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Texas Mutual Insurance Co. v. Ledbetter
251 S.W.3d 31 (Texas Supreme Court, 2008)
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Liberty Mutual Insurance Company v. Ricky Adcock
412 S.W.3d 492 (Texas Supreme Court, 2013)
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State Office of Risk Management v. Carty
436 S.W.3d 298 (Texas Supreme Court, 2014)
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Foreman ex rel. Fromme v. Security Insurance Co. of Hartford
15 S.W.3d 214 (Court of Appeals of Texas, 2000)
11 case citations
Christy Carty v. Texas Dept of Public Safety
733 F.3d 550 (Fifth Circuit, 2013)
9 case citations
Zurich American Insurance Co. v. Marta Diaz
(Court of Appeals of Texas, 2018)
In Re Fort Bend County v. the State of Texas
(Court of Appeals of Texas, 2025)

Legislative History

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.

Nearby Sections

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Bluebook (online)
Texas § 408.181, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/LA/408.181.