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

Tex. Lab. Code § 409.003 (2026)

Claim For Compensation

✓ current as of May 2026
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Sec. 409.003. CLAIM FOR COMPENSATION. An employee or a person acting on the employee's behalf shall file with the division a claim for compensation for an injury 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 related to the employee's employment.

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

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.135, eff. September 1, 2005.

Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1995–2025 · leading case: S. Ins. Co. v. Brewster, 249 S.W.3d 6 (Tex. App. 2007).
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S. Ins. Co. v. Brewster, 249 S.W.3d 6 (Tex. App. 2007). · cites it 4× “004 because of the claimant’s failure to timely file a claim for compensation with the [TWCC] within one year of the injury, as required by Tex. Lab. Code Ann. § 409.003 . 3. [Brewster] is not barred from pursuing Texas workers’ compensation benefits because of an election to…”
Isaiah Russell Jones Robert Sparks, Jr. Herman Parks, Jr. v. Alcoa, Inc., 339 F.3d 359 (5th Cir. 2003). “See Tex. Lab.Code § 409.003: "An employee or a person acting on the employee's behalf shall file with the commission a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred; or (2) if the injury is an occupational disease,…”
Zenith Star Ins. Co. v. Wilkerson, 150 S.W.3d 525 (Tex. App. 2004). “See Tex. Lab.Code Ann. § 409.003 (West 1996).”
Alvin Staudt, on Behalf of Himself & All Others Similarly Situated v. Glastron, Inc., 92 F.3d 312 (5th Cir. 1996). “Tex.Lab.Code Ann. § 409.003 (Vernon 1996).”
Garcia v. Travelers Indem. Co. of Rhode Island, 892 F. Supp. 153 (W.D. Tex. 1995). · cites it 2× “Tex.Lab.Code Ann. § 409.003 (West Pamphlet 1995) (emphasis supplied).”
S. Ins. Co. v. Michael S. Brewster (Tex. App. 2007). · cites it 5× “It is undisputed that Brewster's TWCC-41 notice was not timely under Tex. Lab. Code Ann. § 409.003 (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.”
Cary v. Sandoz Inc (N.D. Tex. 2024). · cites it 2× “Tex. Lab. Code § 409.003. No special form was necessary for this purpose.”
The Univ. of Texas Rio Grande Valley v. Rita Oteka (Tex. 2025). · cites it 2× “41 TEX. LAB. CODE § 409.003. An employer may file a claim with the Division as a “subclaimant” if it has “provided compensation .”
Melanie Steele v. Murphy & Beane, Inc., & Viacom, Inc. (Tex. App. 2019). “As a result of the benefits review conference, Steele agreed that the carrier was relieved from liability under Texas Labor Code Section 409.003 2 and that recovery under the TWCA was barred because she elected to pursue a remedy and recover under the laws of another…”
the Univ. of Texas Rio Grande Valley v. Rita Oteka (Tex. App. 2023). “” TEX LAB. CODE ANN. § 409.003. Relatedly, an employer who subscribes to workers’ compensation insurance may raise the exclusive remedy provision as a bar to a negligence claim filed against it.”
Norman Engel v. Texas Dep't of Ins.-Div. of Workers' Comp. & Comm'r Cassie Brown, in Her Off. Capacity The State of Texas & the Attorney Gen. of the State of Texas by & Through Ken Paxton in His Off. Capacity as Attorney Gen. of the State of Texas & Illinois Nat'l Ins. Co. (Tex. App. 2024). “See Tex. Lab. Code § 409.003(1) (“An employee or a person acting on the employee’s behalf shall file with the division a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred .”
Jones v. Alcoa Inc (5th Cir. 2003). “See Tex. Lab. Code § 409.003: “An employee or a person acting on the employee’s behalf shall file with the commission a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred; or (2) if the injury is an occupational disease,…”
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— Tex. Lab. Code § 409.003(1) — 1 case
Norman Engel v. Texas Dep't of Ins.-Div. of Workers' Comp. & Comm'r Cassie Brown, in Her Off. Capacity The State of Texas & the Attorney Gen. of the State of Texas by & Through Ken Paxton in His Off. Capacity as Attorney Gen. of the State of Texas & Illinois Nat'l Ins. Co. (Tex. App. 2024). “See Tex. Lab. Code § 409.003(1) (“An employee or a person acting on the employee’s behalf shall file with the division a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred .”
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