Changes to Death Benefit Claims Processes from the Legislature
On June 10, 2023, Governor Abbott signed into law House Bill 2314, and its changes to death benefits claims processing take effect immediately.
Under the amended law, individuals must file a claim for death benefits within a specific timeframe, no later than the first anniversary of the date when the employee passed away. This ensures that claims are made in a timely manner. Previously this claim had to be filed with the Division of Workers’ Compensation. Now such claims can be filed with the insurance carrier directly. Upon receiving the claim, the carrier must create and maintain a record that documents the receipt of the claim. The carrier is then required to provide written notice to the division, following the prescribed format and method specified by the division to inform the division that the individual has filed a claim for death benefits.
These changes will apply to claims filed on or after the effective date of the Act. For claims filed before that date, the previous law will continue to be in effect. This legislation involves Sections 408.182(d-2) and 409.007 of the Labor Code, specifically addressing the timeframe and requirements for filing a claim for death benefits.
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