Tex. Lab. Code § 409.007 · Subchapter A. INJURY REPORTS, CLAIMS, AND RECORDS
DEATH BENEFIT CLAIMS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.139, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 502 (H.B. 2314), Sec. 2, eff. June 10, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LA/htm/LA.409.htm
- Text hash
- sha256 3d871cd964efb2231a36d86b30d27cb946fe8d22e1ababc743e7f45c98d02975
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Lab. Code § 409.007. Each shows the citation as that text prints it.
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