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Tex. Lab. Code § 409.007

DEATH BENEFIT CLAIMS

Known as the Texas Workers' Compensation Act

The act spans §§ 401–419 (623 sections).

Applied in 2 court decisions — leading case Texas Workers' Compensation Commission and Subsequent Injury Fund v. Texas Municipal League Intergovernmental Risk Pool (2000)

Most recently applied in Zurich American Insurance Co. v. Marta Diaz (August 2018)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

(a) A person must file a claim for death benefits with the division or insurance carrier not later than the first anniversary of the date of the employee's death.

(b) Failure to file in the time required by Subsection (a) bars the claim unless:

(1) the person is a minor or incompetent; or

(2) good cause exists for the failure to file a claim under this section.

(c) A separate claim must be filed for each legal beneficiary unless the claim expressly includes or is made on behalf of another person.

(d) If a person files a claim for death benefits with an insurance carrier, at the time the carrier receives the claim the carrier shall, in the form and manner prescribed by the division:

(1) create and maintain a record documenting receipt of the claim; and

(2) provide written notice to the division that the person filed the claim.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.