If you were injured on the job in Texas, the timing of your next steps can matter just as much as the injury itself. A Texas workers’ compensation attorney can help you understand the strict legal deadlines that control your claim, some of which are referred to as statutes of limitations. Missing these deadlines can make it harder to recover benefits, so it is important to know how long you have to report your injury and file a claim.
Key Time Limits for Workers’ Compensation in Texas
Texas workers’ compensation law sets out several important time limits. Each one serves a different purpose in the claims process.
Most injured workers must be aware of three main deadlines:
- Reporting the injury to the employer
- Filing the claim with the Division of Workers’ Compensation
- Filing a separate personal injury lawsuit, if allowed
Each of these deadlines applies separately, so meeting one does not automatically satisfy the others. If you are unsure how long an employer has to report a workers’ comp injury, it is best to document your notice in writing and speak with an attorney as soon as possible.
Reporting Your Injury to Your Employer
The first time limit many workers encounter is the requirement to report the injury to their employer.
In most cases, you must tell your employer about the injury within 30 days of the accident or within 30 days of learning that your condition is related to your job. Waiting too long can give the insurance company an excuse to deny your claim.
Filing a Workers’ Compensation Claim in Texas
Reporting the accident to your employer is not the same thing as filing a workers’ compensation claim. These are two different steps in the process, and they both have distinct deadlines.
In Texas, injured employees usually have one year from the date of the injury to file a formal workers’ compensation claim with the Texas Department of Insurance, Division of Workers’ Compensation. This is done using the appropriate state claim form. For many injured employees, this one-year deadline is what people mean when they refer to the Texas workers’ compensation statute of limitations.
How Long Can You Be on Workers’ Comp in Texas?
Another common question injured workers have is how long you can be on workers’ comp in Texas or how long workers’ comp lasts after a claim is approved. The answer depends on the type of benefits you receive, the severity of your injury, and whether you are able to return to work. Some workers may only receive benefits while they recover from a temporary injury, while others may qualify for longer-term benefits if their injury causes lasting impairment.
Because every case is different, it is important to understand both the workers’ comp filing deadline and how long your benefits may last after a claim is approved.
Statute of Limitations for Related Personal Injury Lawsuits
Workers’ compensation is not always your only legal option after a workplace accident. In some situations, you may also have a separate personal injury claim against a third party, such as a negligent driver in a car accident on the job, a property owner, or the manufacturer of defective equipment.
You might also be able to file a lawsuit against your employer in some cases, such as if they caused your injury intentionally and/or if they do not carry workers’ compensation insurance.
Most personal injury lawsuits in Texas must be filed within two years of the date of the accident, though there are exceptions to this statute of limitations that can make it shorter or longer in some cases.
How a Texas Workers’ Compensation Lawyer Can Help With These Deadlines
The number of deadlines and forms involved in a workers’ compensation case can feel impossible to deal with when you are trying to heal from your injuries. A lawyer can help you keep everything on track and avoid costly mistakes.
An experienced Texas workers’ compensation attorney can:
- Explain which deadlines apply to your situation
- Make sure your claim forms are filed correctly and on time
- Communicate with the insurance company on your behalf
- Track appeal deadlines if your claim is denied or benefits are reduced
- Evaluate whether you also have a third-party personal injury claim
Having someone monitor these time limits for you can give you space to focus on your medical treatment and recovery instead of worrying about paperwork and legal technicalities.
Contact a Workers’ Compensation Lawyer With Cal Mundell Law Firm, PLLC for Help
If you were injured at work in Texas, it is wise to learn about the statute of limitations and other time limits as soon as possible. Acting quickly helps preserve your right to benefits and gives you more options if disputes arise.
Call the team with Cal Mundell Law Firm, PLLC for a free consultation today at (915) 250-0700 or by contacting us online. We’ve recovered millions of dollars for our clients to date.