Texas Codes

Tex. Lab. Code § 409.004 (2026)

Effect Of Failure To File Claim For Compensation

✓ current as of May 2026

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Sec. 409.004. EFFECT OF FAILURE TO FILE CLAIM FOR COMPENSATION. Failure to file a claim for compensation with the division as required under Section 409.003 relieves the employer and the employer's insurance carrier of liability under this subtitle unless:

(1) good cause exists for failure to file a claim in a timely manner; or

(2) 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. 3.136, eff. September 1, 2005.

Notes of Decisions

Cited in 6 cases, 2004–2019 · 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 3× “See Tex. Lab.Code Ann. § 409.004 (Vernon 2006); see also Tex.”

Krueger v. Atascosa Cnty., 155 S.W.3d 614 (Tex. App. 2004). · cites it 2× “Tex. Lab.Code Ann. § 409.004. Here, it is undisputed that Krueger’s injury occurred on October 12, 1999; thus, to be timely, her claim had to be filed no later than October 11, 2000.”

S. Ins. Co. v. Michael S. Brewster (Tex. App. 2007). · cites it 3× “See Tex. Lab. Code Ann. § 409.004 (Vernon 2006); see also Tex.”

in Re iWORKS Pers., Inc., Luis Trevino, & Haydee Gutierrez (Tex. App. 2015). · cites it 2× “and pursuant to Tex. Labor Code §409.004.”67 The letter further states that “this letter.”

Melanie Steele v. Murphy & Beane, Inc., & Viacom, Inc. (Tex. App. 2019). “TEX. LABOR CODE ANN. § 409.004. 4 The Agreement did not address good cause or any decision by Viacom or their carrier on refraining from a contest.”

Andrew Patterson v. Transcontinental Ins. Co. (Tex. App. 2015). “2005) 16 TEX. LABOR CODE ANN. § 402.001(b) (Vernon Supp.”

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