reglab/housing_qa huggingface dataset:
TX Lab Code § 408.161 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter I. Lifetime Income Benefits|Section 408.161. Lifetime Income Benefits

Sec. 408.161.  LIFETIME INCOME BENEFITS.  (a)  Lifetime income benefits are paid until the death of the employee for:(1)  total and permanent loss of sight in both eyes;(2)  loss of both feet at or above the ankle;(3)  loss of both hands at or above the wrist;(4)  loss of one foot at or above the ankle and the loss of one hand at or above the wrist;(5)  an injury to the spine that results in permanent and complete paralysis of both arms, both legs, or one arm and one leg;(6)  a physically traumatic injury to the brain resulting in incurable insanity or imbecility;  or(7)  third degree burns that cover at least 40 percent of the body and require grafting, or third degree burns covering the majority of either both hands or one hand and the face.(b)  For purposes of Subsection (a), the total and permanent loss of use of a body part is the loss of that body part.(c)  Subject to Section 408.061, the amount of lifetime income benefits is equal to 75 percent of the employee's average weekly wage.  Benefits being paid shall be increased at a rate of three percent a year notwithstanding Section 408.061.(d)  An insurance carrier may pay lifetime income benefits through an annuity if the annuity agreement meets the terms and conditions for annuity agreements adopted by the commissioner by rule.  The establishment of an annuity under this subsection does not relieve the insurance carrier of the liability under this title for ensuring that the lifetime income benefits are paid.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1443, Sec. 7, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1426, Sec. 14, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1456, Sec. 9.01, eff. June 17, 2001.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.126, eff. September 1, 2005.|
TX Lab Code § 408.162 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter I. Lifetime Income Benefits|Section 408.162. Subsequent Injury Fund Benefits

Sec. 408.162.  SUBSEQUENT INJURY FUND BENEFITS.  (a)  If a subsequent compensable injury, with the effects of a previous injury, results in a condition for which the injured employee is entitled to lifetime income benefits, the insurance carrier is liable for the payment of benefits for the subsequent injury only to the extent that the subsequent injury would have entitled the employee to benefits had the previous injury not existed.(b)  The subsequent injury fund shall compensate the employee for the remainder of the lifetime income benefits to which the employee is entitled.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.181 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter J. Death and Burial Benefits|Section 408.181. Death Benefits

Sec. 408.181.  DEATH BENEFITS.  (a)  An insurance carrier shall pay death benefits to the legal beneficiary if a compensable injury to the employee results in death.(b)  Subject to Section 408.061, the amount of a death benefit is equal to 75 percent of the employee's average weekly wage.(c)  The commissioner by rule shall establish requirements for agreements under which death benefits may be paid monthly.  Death benefits may be paid monthly only:(1)  on the request of the legal beneficiary and the agreement of the legal beneficiary and the insurance carrier; and(2)  in compliance with the requirements adopted by the commissioner.(d)  An insurance carrier may pay death benefits through an annuity if the annuity agreement meets the terms and conditions for annuity agreements adopted by the commissioner by rule.  The establishment of an annuity under this subsection does not relieve the insurance carrier of the liability under this title for ensuring that the death benefits are paid.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 15, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.127, eff. September 1, 2005.|
TX Lab Code § 408.184 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter J. Death and Burial Benefits|Section 408.184. Redistribution of Death Benefits

Sec. 408.184.  REDISTRIBUTION OF DEATH BENEFITS.  (a)  If a legal beneficiary dies or otherwise becomes ineligible for death benefits, benefits shall be redistributed to the remaining legal beneficiaries as provided by Sections 408.182 and 408.183.(b)  If a spouse ceases to be eligible because of remarriage, the benefits payable to the remaining legal beneficiaries remain constant for 104 weeks.  After the 104th week, the spouse's share of benefits shall be redistributed as provided by Sections 408.182 and 408.183.(c)  If all legal beneficiaries, other than the subsequent injury fund, cease to be eligible and the insurance carrier has not made 364 weeks of full death benefit payments, including the remarriage payment, the insurance carrier shall pay to the subsequent injury fund an amount computed by subtracting the total amount paid from the amount that would be paid for 364 weeks of death benefits.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.185 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter J. Death and Burial Benefits|Section 408.185. Effect of Beneficiary Dispute; Attorney's Fees

Sec. 408.185.  EFFECT OF BENEFICIARY DISPUTE;  ATTORNEY'S FEES.  On settlement of a case in which the insurance carrier admits liability for death benefits but a dispute exists as to the proper beneficiary or beneficiaries, the settlement shall be paid in periodic payments as provided by law, with a reasonable attorney's fee not to exceed 25 percent of the settlement, paid periodically, and based on time and expenses.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.186 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter J. Death and Burial Benefits|Section 408.186. Burial Benefits

Sec. 408.186.  BURIAL BENEFITS.  (a)  If the death of an employee results from a compensable injury, the insurance carrier shall pay to the person who incurred liability for the costs of burial the lesser of:(1)  the actual costs incurred for reasonable burial expenses; or(2)  $10,000.(b)  If the employee died away from the employee's usual place of employment, the insurance carrier shall pay the reasonable cost of transporting the body, not to exceed the cost of transporting the body to the employee's usual place of employment.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 16, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 192 (S.B. 653), Sec. 1, eff. September 1, 2015.|
TX Lab Code § 408.187 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter J. Death and Burial Benefits|Section 408.187. Autopsy

Sec. 408.187.  AUTOPSY.  (a)  If in a claim for death benefits based on an occupational disease an autopsy is necessary to determine the cause of death, the commission may, after opportunity for hearing, order the legal beneficiaries of a deceased employee to permit an autopsy.(b)  A legal beneficiary is entitled to have a representative present at an autopsy ordered under this section.(c)  The commissioner shall require the insurance carrier to pay the costs of a procedure ordered under this section.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.130, eff. September 1, 2005.|
TX Lab Code § 408.201 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter K. Protection of Rights to Benefits|Section 408.201. Benefits Exempt From Legal Process

Sec. 408.201.  BENEFITS EXEMPT FROM LEGAL PROCESS.  Benefits are exempt from:(1)  garnishment;(2)  attachment;(3)  judgment;  and(4)  other actions or claims.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.202 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter K. Protection of Rights to Benefits|Section 408.202. Assignability of Benefits

Sec. 408.202.  ASSIGNABILITY OF BENEFITS.  Benefits are not assignable, except a legal beneficiary may, with the commissioner's approval, assign the right to death benefits.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.131, eff. September 1, 2005.|
TX Lab Code § 408.203 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter K. Protection of Rights to Benefits|Section 408.203. Allowable Liens

Sec. 408.203.  ALLOWABLE LIENS.  (a)  An income or death benefit is subject only to the following lien or claim, to the extent the benefit is unpaid on the date the insurance carrier receives written notice of the lien or claim, in the following order of priority:(1)  an attorney's fee for representing an employee or legal beneficiary in a matter arising under this subtitle;(2)  court-ordered child support;  or(3)  a subrogation interest established under this subtitle.(b)  A benefit that is subject to a lien or claim for payment of court-ordered child support shall be paid as required by an order or writ of income withholding under Chapter 158, Family Code.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.53, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 610, Sec. 22, eff. Sept. 1, 2003.|
TX Lab Code § 408.222 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter L. Attorney's Fees in Workers' Compensation Benefit Matters|Section 408.222. Attorney's Fees Paid to Defense Counsel

Sec. 408.222.  ATTORNEY'S FEES PAID TO DEFENSE COUNSEL.  (a)  The amount of an attorney's fee for defending an insurance carrier in a workers' compensation action brought under this subtitle must be approved by the division or court and determined by the division or court to be reasonable and necessary.(b)  In determining whether a fee is reasonable under this section, the division or court shall consider issues analogous to those listed under Section 408.221(d).  The defense counsel shall present written evidence to the division or court relating to:(1)  the time spent and expenses incurred in defending the case; and(2)  other evidence considered necessary by the division or court in making a determination under this section.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 8.03, eff. June 17, 2001.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.133, eff. September 1, 2005.|
TX Lab Code § 409.001 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.001. Notice of Injury to Employer

Sec. 409.001.  NOTICE OF INJURY TO EMPLOYER.  (a)  An employee or a person acting on the employee's behalf shall notify the employer of the employee of an injury not later than the 30th day after the date on which:(1)  the injury occurs;  or(2)  if the injury is an occupational disease, the employee knew or should have known that the injury may be related to the employment.(b)  The notice required under Subsection (a) may be given to:(1)  the employer;  or(2)  an employee of the employer who holds a supervisory or management position.(c)  If the injury is an occupational disease, for purposes of this section, the employer is the person who employed the employee on the date of last injurious exposure to the hazards of the disease.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 409.002 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.002. Failure to File Notice of Injury

Sec. 409.002.  FAILURE TO FILE NOTICE OF INJURY.  Failure to notify an employer as required by Section 409.001(a) relieves the employer and the employer's insurance carrier of liability under this subtitle unless:(1)  the employer, a person eligible to receive notice under Section 409.001(b), or the employer's insurance carrier has actual knowledge of the employee's injury;(2)  the division determines that good cause exists for failure to provide notice in a timely manner; or(3)  the employer or the employer's insurance carrier does not contest 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. 3.134, eff. September 1, 2005.|
TX Lab Code § 409.003 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.003. Claim for Compensation

Sec. 409.003.  CLAIM FOR COMPENSATION.  An employee or a person acting on the employee's behalf shall file with the division a claim for compensation for an injury not later than one year after the date on which:(1)  the injury occurred; or(2)  if the injury is an occupational disease, the employee knew or should have known that the disease was related to the employee's employment.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.135, eff. September 1, 2005.|
TX Lab Code § 409.004 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.004. Effect of Failure to File Claim for Compensation

Sec. 409.004.  EFFECT OF FAILURE TO FILE CLAIM FOR COMPENSATION.  Failure to file a claim for compensation with the division as required under Section 409.003 relieves the employer and the employer's insurance carrier of liability under this subtitle unless:(1)  good cause exists for failure to file a claim in a timely manner; or(2)  the employer or the employer's insurance carrier does not contest 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. 3.136, eff. September 1, 2005.|
TX Lab Code § 409.006 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.006. Record of Injuries; Administrative Violation

Sec. 409.006.  RECORD OF INJURIES;  ADMINISTRATIVE VIOLATION.  (a)  An employer shall maintain a record of each employee injury as reported by an employee or otherwise made known to the employer.(b)  The record shall be available to the division at reasonable times and under conditions prescribed by the commissioner.(c)  The commissioner may adopt rules relating to the information that must be contained in an employer record under this section.(d)  Information contained in a record maintained under this section is not an admission by the employer that:(1)  the injury did in fact occur;  or(2)  a fact maintained in the record is true.(e)  A person commits an administrative violation if the person fails to comply with this section. |Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.138, eff. September 1, 2005.|
TX Lab Code § 409.007 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.007. Death Benefit Claims

Sec. 409.007.  DEATH BENEFIT CLAIMS.  (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)  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.|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.|
TX Lab Code § 409.008 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.008. Failure to File Employer Report of Injury; Limitations Tolled

Sec. 409.008.  FAILURE TO FILE EMPLOYER REPORT OF INJURY;  LIMITATIONS TOLLED.  If an employer or the employer's insurance carrier has been given notice or has knowledge of an injury to or the death of an employee and the employer or insurance carrier fails, neglects, or refuses to file the report under Section 409.005, the period for filing a claim for compensation under Sections 409.003 and 409.007 does not begin to run against the claim of an injured employee or a legal beneficiary until the day on which the report required under Section 409.005 has been furnished.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 409.009 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.009. Subclaims

Sec. 409.009.  SUBCLAIMS.  A person may file a written claim with the division as a subclaimant if the person has:(1)  provided compensation, including health care provided by a health care insurer, directly or indirectly, to or for an employee or legal beneficiary; and(2)  sought and been refused reimbursement from the insurance carrier.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.140, eff. September 1, 2005.|
TX Lab Code § 409.0092 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.0092. Health Care Reimbursement Procedures for Certain Injured Employees

Sec. 409.0092.  HEALTH CARE REIMBURSEMENT PROCEDURES FOR CERTAIN INJURED EMPLOYEES.  (a)  An injured employee who is subject to Section 607.0545, Government Code, and whose claim for benefits is determined to be compensable by an insurance carrier or the division, may request reimbursement for health care paid by the employee, including copayments and partial payments, by submitting to the carrier a legible written request and documentation showing the amounts paid to the health care provider.(b)  Not later than the 45th day after the date an injured employee submits a request for reimbursement for health care to an insurance carrier under Subsection (a), the carrier shall provide reimbursement or deny the request.(c)  If an insurance carrier denies an injured employee's request for reimbursement for health care, the employee may seek medical dispute resolution as provided by Chapter 413 and division rules.  Notwithstanding any other law, an employee's request for medical dispute resolution is considered timely if the employee submits the request not later than the 120th day after the date the carrier denies the employee's request for reimbursement.(d)  This section expires September 1, 2023.|Added by Acts 2021, 87th Leg., R.S., Ch. 505 (S.B. 22), Sec. 8, eff. June 14, 2021.|
TX Lab Code § 409.010 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.010. Information Provided to Employee or Legal Beneficiary

Sec. 409.010.  INFORMATION PROVIDED TO EMPLOYEE OR LEGAL BENEFICIARY.  Immediately on receiving notice of an injury or death from any person, the division shall send to the employee or legal beneficiary a clear and concise description of:(1)  the services provided by:(A)  the division; and(B)  the office of injured employee counsel, including the services of the ombudsman program;(2)  the division's procedures; and(3)  the person's rights and responsibilities under this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.141, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 7, eff. June 9, 2017.|
TX Lab Code § 409.011 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.011. Information Provided to Employer; Employer's Rights

Sec. 409.011.  INFORMATION PROVIDED TO EMPLOYER;  EMPLOYER'S RIGHTS.  (a)  Immediately on receiving notice of an injury or death from any person, the division shall send to the employer a description of:(1)  the services provided by the division and the office of injured employee counsel;(2)  the division's procedures; and(3)  the employer's rights and responsibilities under this subtitle.(b)  The information must include a clear statement of the following rights of the employer:(1)  the right to be present at all administrative proceedings relating to an employee's claim;(2)  the right to present relevant evidence relating to an employee's claim at any proceeding;(3)  the right to report suspected fraud;(4)  the right to contest the compensability of an injury if the insurance carrier accepts liability for the payment of benefits;(5)  the right to receive notice, after making a written request to the insurance carrier, of:(A)  a proposal to settle a claim;  or(B)  an administrative or a judicial proceeding relating to the resolution of a claim;  and(6)  the right to contest the failure of the insurance carrier to provide accident prevention services under Subchapter E, Chapter 411.(c)  The division is not required to provide the information to an employer more than once during a calendar year.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.142, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 8, eff. June 9, 2017.|