Texas DWC Proposes Amendments Concerning Claims for Death Benefits

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) is proposing amendments to Texas Administrative Code concerning claims for death benefits.

The amendments and new section allow eligible beneficiaries to file claims for death benefits with DWC or an insurance carrier and clarify an insurance carrier’s obligations for recordkeeping and notice to DWC. Existing rules require an insurance carrier to send a plain-language notice of potential entitlement to workers’ compensation death benefits to a potential beneficiary.

The new section requires the insurance carrier to copy DWC on that notice. The rules implement Texas Labor Code Sections 408.182 and 409.007, which were amended by House Bill 2314 during the 2023 regular season.

The proposed rules will be published in the September 29, 2023, issue of the Texas Register and available at www.sos.state.tx.us/texreg/index.shtml once published.