If an employer or the employer's insurance carrier has been given notice or has knowledge of an injury to or the death of an employee and the employer or insurance carrier fails, neglects, or refuses to file the report under Section 409.005, the period for filing a claim for compensation under Sections 409.003 and 409.007 does not begin to run against the claim of an injured employee or a legal beneficiary until the day on which the report required under Section 409.005 has been furnished.
Tex. Lab. Code § 409.008
FAILURE TO FILE EMPLOYER REPORT OF INJURY; LIMITATIONS TOLLED
Known as the Texas Workers' Compensation Act
The act spans §§ 401–419 (623 sections).
Applied in 3 court decisions — leading case Hand & Wrist Center of Houston, P.A. v. SGS Control Services, Inc. (2013)
Most recently applied in Zurich American Insurance Co. v. Marta Diaz (August 2018)
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.