Question:

If a mexican who is working legally in the USA dies can their spouse and child recieve death benefits?

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The wife and child reside in Mexico and have never had permission to be in the USA. Would they still have right to survivor benifits?

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  1. I don't know the answer to this question, but it wouldn't surprise me one bit if they could.


  2. Benefits?  In America we have the death tax.  

    Since the family would be statistically high risk to commit a crime in the US, they will never get a visa to come here legally.

  3. Working legally?  I believe so.  Here's why:

    A legal alien is likely to be deemed an “employee,”  and the worker’s legal status does not bar him from recovering indemnity benefits. This typically occurs when the documented worker is required by statute to secure employment following medical treatment for a work related injury and or death. Indemnity  benefits really cannot be denied on behalf of the employer. In cases in which income benefits have been denied, courts have relied almost exclusively on the claimant’s “legal ability to earn wages” due to his documented status.

  4. i would guess no

  5. i don't think so..

  6. Death beneits?  The government only gives a widow 255.00 buriel.  That's it., and his wife must have a SS number.  His child is not a legal citizen so he would not be eligable for anything from the US.  They possibly could get something from their country MEXICO.

  7. No,they would not be eligible.

  8. im guess no, because they do not pay taxes or live in the residing country for at least 10 years to receive benifits of the country

  9. Death benefits are not a given. Some companies provide such for their employees but most do not. In addition, an employee must work several determined number of years before becoming eligible for death benefits. Death benefits are like a life insurance policy of sorts and may only cover a death on-the-job.

    I doubt the money would be sent out of the country to a widow, unless she has been written in as the sole beneficiary and could provide legal  documentation in order to claim it.

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