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RULE §122.100Claim for Death Benefits

(a) Filing. For a legal beneficiary, other than the subsequent injury fund, to receive the benefits available because of the death of an employee that results from a compensable injury, a person must file a written claim for death benefits within one year after the date of the employee's death.

(b) An insurance carrier that receives a claim for death benefits under this section must comply with §124.8 of this title (relating to Receipt, Records, and Notice of Death or Claim for Death Benefits).

(c) Form and information requirements. The claim should be submitted to the division or insurance carrier either on paper or via electronic transmission, in the form, format, and manner prescribed by the division, and should include the following:

  (1) the potential beneficiary's name, address, telephone number (if any), Social Security number, and relationship to the deceased employee;

  (2) the deceased employee's name, last address, Social Security number (if known), and workers' compensation claim number (if any); and

  (3) other information, as follows:

    (A) a description of the circumstances and nature of the injury (if known);

    (B) the name and location of the employer at the time of the injury;

    (C) the date of the compensable injury, and date of death; and

    (D) other known legal beneficiaries.

(d) Required documents. A potential beneficiary must file with the division or insurance carrier a copy of the deceased employee's death certificate and any additional documentation or other evidence that establishes that the potential beneficiary is a legal beneficiary of the deceased employee. The required documents or additional evidence may be filed separately either on paper or by electronic transmission, as defined in §102.5(h) of this title.

(e) One claim per person. Each person must file a separate claim for death benefits, unless the claim expressly includes or is made on behalf of another person.

(f) Deadline. Failure to file a claim for death benefits within one year after the date of the employee's death bars the claim of a legal beneficiary, other than the subsequent injury fund, unless:

  (1) that legal beneficiary is a minor or otherwise legally incompetent;

  (2) except as provided by paragraph (3) of this subsection, good cause exists for failure to file the claim on time; or

  (3) for a legal beneficiary who is an eligible parent as defined by §132.6(e) of this title (relating to Eligibility of Other Surviving Dependents and Eligible Parents To Receive Death Benefits), the parent submits proof satisfactory to the commissioner of a compelling reason for the delay in filing the claim for death benefits.

Source Note: The provisions of this §122.100 adopted to be effective January 25, 1991, 16 TexReg 174; amended to be effective September 12, 2004, 29 TexReg 8560; amended to be effective October 12, 2008, 33 TexReg 8393; amended to be effective March 21, 2010, 35 TexReg 2190; amended to be effective December 11, 2023, 48 TexReg 7172

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