28 Tex. Admin. Code § 132.13 - Burial Benefits
(a) When an employee
has died as the result of a compensable injury, a person claiming burial
benefits shall file a request for payment of burial benefits and the bills
showing the amount of burial and transportation costs incurred. The request and
the documentation shall be filed with the insurance carrier within 12 months of
the date of death of the employee.
(b) The person who incurred liability for the
costs of burial is entitled to receive the lesser of:
(1) the actual costs incurred for reasonable
burial expenses; or
(2) $2,500--if
burial benefits are paid based on a compensable injury that occurs before
September 1, 1999; or
(3)
$6,000--if burial benefits are paid based on a compensable injury that occurs
on or after September 1, 1999 and before September 1, 2015; or
(4) $10,000--if burial benefits are paid
based on a compensable injury that occurs on or after September 1,
2015.
(c) The person who
incurred liability for the costs of transporting the body of the employee is
entitled to be reimbursed for the reasonable cost of transportation if the
employee died away from the usual place of employment. The insurance carrier's
liability for transportation costs under this subsection shall not exceed the
cost equivalent to transporting the body from the place the employee died to
the employee's usual place of employment.
(d) The insurance carrier shall review each
claim for burial benefits. The insurance carrier must either pay or deny the
claim within seven days of the date the claim was received by the carrier. If
the claim is denied, the insurance carrier must notify the person claiming
burial benefits and the division in writing of its denial and the facts
supporting the denial.
Notes
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