In Texas, injured employees are required to file a worker’s comp claim within a certain amount of time after the incident occurred, in order to be eligible for worker’s comp benefits. The injured worker must file within the time limit, because if they do not, due to the worker’s compensation claim statute of limitations, they will lose all ability to file a claim based on their work-related injury or sickness.
These statute of limitations change from state to state. In Texas, the statute of limitations for filing a worker’s comp claim is specified in Section 409.003 of the Texas Worker’s Compensation Act. This particular section indicates that a worker must file a worker’s compensation claim before a year has passed since the work-related injury, or a year from the date that injured worker found out about a work-related illness. Likewise, the statute of limitations states that the same goes for death benefits.
Tolling of the Statue of Limitations
If the injured employee’s manager has failed, neglected, or refused to file the report, then according to the Texas Worker’s Compensation Act Section 409.009, the statute of limitations are paused, or tolled, until the day that the requisite report is actually filed.