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WorkersCompDeadline
Last verified May 4, 2026Verified statute

Texasworkers' comp filing deadline

Employee must file claim with Division of Workers' Compensation within 1 year after date on which injury occurs, OR if occupational disease, after date employee knew or should have known disease was related to employment (§409.003). If employer fails to file required report under §409.005, the limitations period does not run until the report is furnished (§409.008).

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Notice to employer

30d

Employee must notify employer within 30 days of date employee 'knew or should have known' injury may be related to employment (§409.001)

Filing with the state

1yr

Employee must file claim with Division of Workers' Compensation within 1 year after date on which injury occurs, OR if occupational disease, after date employee knew or should have known disease was related to employment (§409.003). If employer fails to file required report under §409.005, the limitations period does not run until the report is furnished (§409.008).

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Last verified May 4, 2026

Exceptions and tolling

Statute-of-limitations rules have many exceptions that can extend or pause the clock. The most common in Texas:

  • Occupational disease — Discovery rule

    OD clock runs from when employee knew or should have known disease was related to employment (§409.003).

  • Death claim deadline

    Survivors filing for death benefits typically have 1 year from date of death. This calculator does not yet handle death claims; consult a lawyer for those.

Attribution

Last verified
May 4, 2026
Editorial review
Statute linked to primary source
Primary source
https://statutes.capitol.texas.gov/Docs/LA/htm/LA.409.htm