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

Tex. Lab. Code § 409.002 (2026)

Failure To File Notice Of Injury

✓ current as of May 2026
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Sec. 409.002. FAILURE TO FILE NOTICE OF INJURY. Failure to notify an employer as required by Section 409.001(a) relieves the employer and the employer's insurance carrier of liability under this subtitle unless:

(1) the employer, a person eligible to receive notice under Section 409.001(b), or the employer's insurance carrier has actual knowledge of the employee's injury;

(2) the division determines that good cause exists for failure to provide notice in a timely manner; or

(3) the employer or the employer's insurance carrier does not contest the claim.

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

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.134, eff. September 1, 2005.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1995–2025 · 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× “The Act excuses late filings under certain circumstances that may apply, see Tex.Lab.Code §§ 409.002, 409.004, and it is not clear whether the Commission would deny benefits to someone in Fuller's position under the 401-week limitation.”
Liberty Mut. Fire Ins. v. Laca, 243 S.W.3d 791 (Tex. App. 2007). · cites it 4× “The hearing officer found that Laca failed to prove that he had sustained a compensable injury in the course and scope of his employment on April 17 and that Liberty Mutual, Vertex’s insurance provider, was relieved of liability under Tex. Lab.Code Ann. § 409.002, because Laca…”
City of Pasadena v. Olvera, 95 S.W.3d 494 (Tex. App. 2002). “Tex. Lab.Code Ann. § 409.002 (Vernon 1996).”
Cardenas v. Cont'l Ins. Co., 960 S.W.2d 401 (Tex. App. 1998). · cites it 2× “See Tex. Lab.Code Ann. § 409.002 (Vernon 1996).”
Saenz v. Ins. Co. of State of Pa., 66 S.W.3d 444 (Tex. App. 2001). “Tex. Lab.Code Ann. § 409.002(1) (Vernon 1996.”
Anderson v. Hood Cnty., 958 S.W.2d 448 (Tex. App. 1997). “001(a) relieves the employer and the employer’s insurance carrier of lability under this subtitle unless: [[Image here]] (2) the commission determines that good cause exists for failure to provide notice in a timely manner; See Tex. Lab.Code Ann. § 409.002(2) (Vernon 1996).”
Safford v. Cigna Ins. Co., Texas, 983 S.W.2d 317 (Tex. App. 1998). · cites it 2× “See Tex. Lab. Code Ann. § 409.002 (Vernon 1996).”
Liberty Mut. Fire Ins. v. Armando G. Laca (Tex. App. 2007). · cites it 4× “The hearing officer found that Laca failed to prove that he had sustained a compensable injury in the course and scope of his employment on April 17 and that Liberty Mutual, Vertex's insurance provider, was relieved of liability under Tex. Lab. Code Ann. § 409.002 , because Laca…”
Alfredo Losoya v. Mission Hous. Auth., Self-Insured (Tex. App. 2016). “See TEX. LABOR CODE ANN. § 409.002 (West, Westlaw through 2015 R.”
Texas Mut. Ins. Co. v. Bertila Chicas, Individually & as Beneficiary of Santiago Chicas (Tex. 2019). “See TEX. LAB. CODE § 409.002 (providing that failure to notify an employer of an injury as required by statute relieves the employer’s liability except in certain enumerated circumstances); id.”
In Re Fort Bend Cnty. v. the State of Texas (Tex. App. 2025). “_ -• Issue Is the carrier relieved from liability under TEX. LABOR CODE §409.002 because of the claimant's failure to timely notify her employer pursuant to §409.”
Ins. Co. of the State of Pennsylvania v. Merle A. Hughes (Tex. App. 2015). “Carriers are relieved from liability under TEX. LABOR CODE ANN. § 409.002, because of [Hughes] failure to timely notify her employer pursuant to § 409.”
Show all 14 citing cases →
— Tex. Lab. Code § 409.002(1) — 2 cases
Saenz v. Ins. Co. of State of Pa., 66 S.W.3d 444 (Tex. App. 2001). “Tex. Lab.Code Ann. § 409.002(1) (Vernon 1996.”
Safford v. Cigna Ins. Co., Texas, 983 S.W.2d 317 (Tex. App. 1998). “See Tex. Lab. Code Ann. § 409.002 (Vernon 1996).”
— Tex. Lab. Code § 409.002(2) — 1 case
Anderson v. Hood Cnty., 958 S.W.2d 448 (Tex. App. 1997). “001(a) relieves the employer and the employer’s insurance carrier of lability under this subtitle unless: [[Image here]] (2) the commission determines that good cause exists for failure to provide notice in a timely manner; See Tex. Lab.Code Ann. § 409.002(2) (Vernon 1996).”
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