Workers Compensation Statute of Limitations Fort Bend TX
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.
In the case that the injured worker does not file within a certain time limit, also referred to as a worker’s compensation claim statute of limitations, then the injured worker will no long have the ability to file a claim based on their work-related accident. This could be different depending on the state of residence.
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.
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.