Texas 2009 - 81st Regular

Texas Senate Bill SB442

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the receipt of death benefits in the workers' compensation system.

Impact

The changes brought forth by SB442 are significant for families relying on death benefits after the loss of a wage earner. By clarifying the time frame for filing claims and the designation of eligible dependents, the bill aims to streamline the process for claims under the workers' compensation system. However, this could create challenges for families navigating the rules, particularly in determining the designation of dependents and ensuring timely claim submissions. The bill is expected to improve claim handling efficiencies while emphasizing the importance of compliance with the new regulations.

Summary

SB442 amends provisions regarding the receipt of death benefits in the Texas workers' compensation system. The bill specifies the eligibility requirements for parents and other dependents to file for death benefits following the death of an employee due to a compensable injury. The amendment emphasizes that parents must file claims within one year of the employee's death to be eligible for benefits. Additionally, insurance carriers are not liable for claims filed for dependents not designated in the claim, which invokes a stricter standard for families to ensure all eligible dependents are named in claims.

Conclusion

In summary, SB442 represents a crucial revision of the workers' compensation system's death benefits provisions, emphasizing accurate and timely claims filing. As it affects not only legal standards but also emotional and financial dimensions for families in mourning, understanding its implications fully will be essential for both beneficiaries and insurance providers alike.

Contention

Notable points of contention surrounding SB442 arise from concerns over the potential hardships faced by families unfamiliar with the filing requirements and dependent designation process. Critics argue that the strict one-year deadline could disadvantage families during an already challenging time following a tragic loss. Additionally, the limitation on insurance liability for non-designated dependents raises questions about equitable access to benefits for extended family members who may have been dependent on the deceased employee. Balancing the streamlining of processes with accessibility in times of grief presents a significant concern.

Companion Bills

TX HB1058

Identical Relating to the receipt of death benefits in the workers' compensation system.

Similar Bills

No similar bills found.