Labor Code § 409.007

Sec. 409.007. DEATH BENEFIT CLAIMS. (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. 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.