Workers Compensation Statute of Limitations Harris 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.
Codified in the Texas Worker’s Compensation Act, Section 409.003, these statute of limitation for filing a worker’s compensation claim are specified.
The statute of limitations are stated one year since the employee was injured or one year since the employee knew about a work-related ailment.
Likewise, the statute of limitations states that the same goes for death benefits.
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.