(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.

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Terms Used In Texas Labor Code 409.007

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(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.

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