Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 409. COMPENSATION PROCEDURES
Texas Codes

Tex. Lab. Code § 409.007 (2026)

Death Benefit Claims

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2000–2022 · leading case: Texas Mun. League Intergovernmental Risk Pool v. Texas Workers' Comp. Comm'n, 74 S.W.3d 377 (Tex. 2002).
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Texas Mun. League Intergovernmental Risk Pool v. Texas Workers' Comp. Comm'n, 74 S.W.3d 377 (Tex. 2002). · cites it 2× “Tex Lab. Code § 409.007(a). If the beneficiary does not file a claim within one year, the claim is barred unless the beneficiary is a minor or incompetent or good cause exists for the beneficiary’s failing to file a claim.”
Texas Workers' Comp. Comm'n & Subsequent Injury Fund v. Texas Mun. League Intergovernmental Risk Pool, 38 S.W.3d 591 (Tex. App. 2000). · cites it 2× “2000) (person claiming right to funds may file claim with State “at any time”); Tex. Lab.Code Ann. § 409.007 (claim of entitlement must be filed with TWCC within one year or be barred unless the beneficiary is a minor or good cause exists for late filing).”
Zurich Am. Ins. Co. v. Marta Diaz, 566 S.W.3d 297 (Tex. App. 2018). “In pertinent part, the statute provides: (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.”
Zurich Am. Ins. Co. v. Marta Diaz (Tex. App. 2018). · cites it 3× “Texas Labor Code section 409.007 establishes a one-year time period within which a potential beneficiary must file a death benefits claim or else the beneficiary’s claim is barred.”
in Re Pedro Martinez & Lydia Gonzalez, Individually & on Behalf of the Est. of Pedro Jovany \Bruno\" Martinez" (Tex. App. 2022). “Moreover, while the statute of limitations governing a claim for death benefits generally runs on the one-year anniversary of the date of the employee’s death, see Tex. Labor Code § 409.007(a), the passing of that anniversary is not an 14 absolute bar to asserting such a claim,…”
Tex. Lab. Code § 409.007(a): 3 cases
Texas Mun. League Intergovernmental Risk Pool v. Texas Workers' Comp. Comm'n, 74 S.W.3d 377 (Tex. 2002). “Tex Lab. Code § 409.007(a). If the beneficiary does not file a claim within one year, the claim is barred unless the beneficiary is a minor or incompetent or good cause exists for the beneficiary’s failing to file a claim.”
Zurich Am. Ins. Co. v. Marta Diaz (Tex. App. 2018). “Texas Labor Code section 409.007 establishes a one-year time period within which a potential beneficiary must file a death benefits claim or else the beneficiary’s claim is barred.”
in Re Pedro Martinez & Lydia Gonzalez, Individually & on Behalf of the Est. of Pedro Jovany \Bruno\" Martinez" (Tex. App. 2022). “Moreover, while the statute of limitations governing a claim for death benefits generally runs on the one-year anniversary of the date of the employee’s death, see Tex. Labor Code § 409.007(a), the passing of that anniversary is not an 14 absolute bar to asserting such a claim,…”
Tex. Lab. Code § 409.007(b): 2 cases
Texas Mun. League Intergovernmental Risk Pool v. Texas Workers' Comp. Comm'n, 74 S.W.3d 377 (Tex. 2002). “Tex Lab. Code § 409.007(a). If the beneficiary does not file a claim within one year, the claim is barred unless the beneficiary is a minor or incompetent or good cause exists for the beneficiary’s failing to file a claim.”
Texas Workers' Comp. Comm'n & Subsequent Injury Fund v. Texas Mun. League Intergovernmental Risk Pool, 38 S.W.3d 591 (Tex. App. 2000). “2000) (person claiming right to funds may file claim with State “at any time”); Tex. Lab.Code Ann. § 409.007 (claim of entitlement must be filed with TWCC within one year or be barred unless the beneficiary is a minor or good cause exists for late filing).”
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