Sec. 409.007. DEATH BENEFIT CLAIMS. (a) A person must file a claim for death benefits with the division 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.
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.
Structure Texas Statutes
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 409 - Compensation Procedures
Subchapter A. Injury Reports, Claims, and Records
Section 409.001. Notice of Injury to Employer
Section 409.002. Failure to File Notice of Injury
Section 409.003. Claim for Compensation
Section 409.004. Effect of Failure to File Claim for Compensation
Section 409.005. Report of Injury; Modified Duty Program Notice; Administrative Violation
Section 409.006. Record of Injuries; Administrative Violation
Section 409.007. Death Benefit Claims
Section 409.008. Failure to File Employer Report of Injury; Limitations Tolled
Section 409.0091. Reimbursement Procedures for Certain Entities
Section 409.0092. Health Care Reimbursement Procedures for Certain Injured Employees
Section 409.010. Information Provided to Employee or Legal Beneficiary
Section 409.011. Information Provided to Employer; Employer's Rights
Section 409.012. Vocational Rehabilitation Information
Section 409.013. Plain Language Information; Notification of Injured Employee