Hurt At Work
Labor Code 409.001 — 30 days to tell the employer, one year to claim
In Texas, workers' compensation coverage is generally the employer's choice. Except for public employers and as other law provides, an employer may elect to obtain workers' compensation insurance coverage, and an employer that does is subject to the workers' compensation subtitle.
| The step | The deadline |
|---|---|
| The stepNotify the employer, or a supervisor or manager, of the injury | The deadlineNo later than the 30th day after the injury, or after the employee knew or should have known an occupational disease may be related to the job |
| The stepFile a claim for compensation with the division | The deadlineNo later than one year after the injury, or after the employee knew or should have known the disease was related |
Failing to file the claim on time relieves the employer and its insurance carrier of liability unless there was good cause, or the employer or carrier does not contest the claim. Income benefits are not paid for an injury that does not result in disability for at least one week; where it lasts longer they accrue from the eighth day, and where it lasts two weeks or more they are computed from the day the disability began.
Sources for this section (5)
- Labor Code 409.001 — Notice of injury to employer
- Labor Code 409.003 — Claim for compensation
- Labor Code 406.002 — Coverage generally elective
- Labor Code 409.004 — Effect of failure to file claim for compensation
- Labor Code 408.082 — Accrual of right to income benefits
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.