After a worker has been injured, in Texas, he is required to file a worker’s compensation claim before it’s too late, or he may not be eligible for worker’s compensation benefits. If the injured employee’s claim is not filed within the time limit, also known as the worker’s comp claim statute of limitations, then the injured employee will lose the ability to file a claim based on the specific work-related injury or ailment.
These statute of limitations change from state to state. These statute of limitations are codified in Section 409.003 of the Texas Worker’s Compensation Act. The section of the Act specifies that the statute of limitation for a worker’s comp claim is exactly one year from the date that the injury occurred or one year from the date the injured employee knew or should have known about the possibility of work-related sickness. This same statute of limitations applies to claims for death benefits when eligible.
Tolling of the Statue of Limitations
Also in the Texas Worker’s Compensation Act Section 409.009, if the injured employee has notified the employer about the injury, and the employer or insurance provider neglects to or refuses to file the report about the injury, the statute of limitations for filing the worker’s comp claim is tolled (meaning that it is paused) until the employer has actually filed the report.