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.
Structure Texas Statutes
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 409 - Compensation Procedures
Subchapter A. Injury Reports, Claims, and Records
Section 409.001. Notice of Injury to Employer
Section 409.002. Failure to File Notice of Injury
Section 409.003. Claim for Compensation
Section 409.004. Effect of Failure to File Claim for Compensation
Section 409.005. Report of Injury; Modified Duty Program Notice; Administrative Violation
Section 409.006. Record of Injuries; Administrative Violation
Section 409.007. Death Benefit Claims
Section 409.008. Failure to File Employer Report of Injury; Limitations Tolled
Section 409.0091. Reimbursement Procedures for Certain Entities
Section 409.0092. Health Care Reimbursement Procedures for Certain Injured Employees
Section 409.010. Information Provided to Employee or Legal Beneficiary
Section 409.011. Information Provided to Employer; Employer's Rights
Section 409.012. Vocational Rehabilitation Information
Section 409.013. Plain Language Information; Notification of Injured Employee