Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 409. COMPENSATION PROCEDURES
Texas Codes

Tex. Lab. Code § 409.001 (2026)

Notice Of Injury To Employer

✓ current as of May 2026
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Sec. 409.001. NOTICE OF INJURY TO EMPLOYER. (a) An employee or a person acting on the employee's behalf shall notify the employer of the employee of an injury not later than the 30th day after the date on which:

(1) the injury occurs; or

(2) if the injury is an occupational disease, the employee knew or should have known that the injury may be related to the employment.

(b) The notice required under Subsection (a) may be given to:

(1) the employer; or

(2) an employee of the employer who holds a supervisory or management position.

(c) If the injury is an occupational disease, for purposes of this section, the employer is the person who employed the employee on the date of last injurious exposure to the hazards of the disease.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1995–2021 · leading case: Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995).
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Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). · cites it 2× “See Tex.Lab. Code §§ 409.001, 409.003. For an occupational disease, the date of injury is when "the employee knew or should have known that the disease may be related to the employment.”
S. Ins. Co. v. Brewster, 249 S.W.3d 6 (Tex. App. 2007). · cites it 2× “003 (Vernon 2006) (imposing duty on employee or person acting on employee’s behalf to file claim for compensation for injury not later than one year after injury); cf, Tex. Lab. Code Ann. § 409.001 (a) (Vernon 2006) (imposing duty on employee to report injury to employer within…”
Am. Motorists Ins. Co. v. Fodge, 63 S.W.3d 801 (Tex. 2002). “Tex. Lab.Code § 409.001(a) ("An employee or a person acting on the employee's behalf shall notify the employer of the employee of an injury not later than the 30th day after the date on which: (1) the injury occurs.”
Texas Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012). “See Tex. Lab.Code § 409.001. Ruttiger was scheduled for hernia repair surgery to be performed on July 14, 2004.”
Liberty Mut. Fire Ins. v. Laca, 243 S.W.3d 791 (Tex. App. 2007). · cites it 2× “In its final judgment, entered November 15, 2005, the trial court reversed the Appeals Panel decision and determined that: (1) Laca proved by a preponderance of the evidence that he sustained a compensable injury on April 17, 2003; (2) Liberty Mutual is not relieved of liability…”
City of Pasadena v. Olvera, 95 S.W.3d 494 (Tex. App. 2002). · cites it 3× “Tex. Lab.Code Ann. § 409.001 (Vernon 1996).”
Texas Mut. Ins. Co. v. P. Lance Morris, 383 S.W.3d 146 (Tex. 2012). “Tex. Lab.Code § 409.001(a). An employee’s failure to timely give notice of injury can relieve the insurer of its obligation to pay compensation.”
Saenz v. Ins. Co. of State of Pa., 66 S.W.3d 444 (Tex. App. 2001). · cites it 2× “Tex. Lab.Code Ann. § 409.001 (Vernon 1996).”
Fire & Cas. Ins. Co. of Conn. v. Miranda, 293 S.W.3d 620 (Tex. App. 2009). “" TEX. LAB. CODE ANN. § 409.001(a). A "claim for compensation for an injury [must be filed] not later than one year after the date on which: (1) the injury occurred; or (2) if the injury is an occupational disease, the employee knew or should have known that the disease was…”
United States Fire Ins. Co. v. Alsup, 118 S.W.3d 851 (Tex. App. 2003). “Tex. Lab.Code Ann. § 409.001. U.S. Fire maintains that Alsup did not satisfy the notification requirement of section 409.”
Cardenas v. Cont'l Ins. Co., 960 S.W.2d 401 (Tex. App. 1998). “See Tex. Lab. Code Ann. § 409.001 (Vernon 1996).”
Matthews v. City of Houston Fire Dep't, 609 F. Supp. 2d 631 (S.D. Tex. 2009). “Tex. Lab.Code Ann. § 409.001. Defendants’ argue that, because Plaintiff failed to report her injury within 30 days, Swan’s accurate statement to that effect was legitimate, and not based on any retaliatory motive.”
Show all 23 citing cases →
— Tex. Lab. Code § 409.001(a) — 5 cases
Am. Motorists Ins. Co. v. Fodge, 63 S.W.3d 801 (Tex. 2002). “Tex. Lab.Code § 409.001(a) ("An employee or a person acting on the employee's behalf shall notify the employer of the employee of an injury not later than the 30th day after the date on which: (1) the injury occurs.”
Texas Mut. Ins. Co. v. P. Lance Morris, 383 S.W.3d 146 (Tex. 2012). “Tex. Lab.Code § 409.001(a). An employee’s failure to timely give notice of injury can relieve the insurer of its obligation to pay compensation.”
Fire & Cas. Ins. Co. of Conn. v. Miranda, 293 S.W.3d 620 (Tex. App. 2009). “" TEX. LAB. CODE ANN. § 409.001(a). A "claim for compensation for an injury [must be filed] not later than one year after the date on which: (1) the injury occurred; or (2) if the injury is an occupational disease, the employee knew or should have known that the disease was…”
Anderson v. Hood Cnty., 958 S.W.2d 448 (Tex. App. 1997).
Safford v. Cigna Ins. Co., Texas, 983 S.W.2d 317 (Tex. App. 1998).
— Tex. Lab. Code § 409.001(a)(1) — 3 cases
City of Pasadena v. Olvera, 95 S.W.3d 494 (Tex. App. 2002). “Tex. Lab.Code Ann. § 409.001 (Vernon 1996).”
Fed. Ins. Co. v. Ruiz, 281 S.W.3d 177 (Tex. App. 2009).
Roy Tavarez v. Dan Alfaro, Individually, Dan Alfaro & Assocs., Michael Hogue, Individually, Patterson & Assocs., & Juan Baldwin, Individually (Tex. App. 2000).
— Tex. Lab. Code § 409.001(a)(2) — 1 case
Safford v. Cigna Ins. Co., Texas, 983 S.W.2d 317 (Tex. App. 1998).
— Tex. Lab. Code § 409.001(b) — 1 case
Saenz v. Ins. Co. of State of Pa., 66 S.W.3d 444 (Tex. App. 2001). “Tex. Lab.Code Ann. § 409.001 (Vernon 1996).”
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