This blog was posted by Shaw-Cowart Personal Injury Attorney in Austin, representing clients in Austin and the surrounding areas
How Long Do I Have to File a Work Injury Claim in Texas? Deadlines Austin Workers Cannot Miss
Time works against injured workers from the moment workplace accidents occur. Texas law imposes strict deadlines for reporting injuries, filing claims, and initiating lawsuits. Missing these deadlines can permanently destroy your right to compensation, no matter how serious your injuries or how clear the liability. More about the Work Accident / Work Injury Lawyer in Austin here
Understanding the various time limits that apply to work injury cases helps Austin workers protect their legal rights. Different deadlines apply depending on whether you pursue workers’ compensation benefits, third-party lawsuits, or claims against non-subscriber employers. Find more Information about workplace accident injuries here
Workers’ Compensation Reporting Deadlines
Texas workers’ compensation law requires injured employees to notify their employers of workplace injuries within 30 days of the accident. This notification requirement protects your eligibility for benefits and begins the claims process.
The 30-day deadline runs from the date you knew or should have known that your injury was work-related. For traumatic injuries occurring in obvious workplace accidents, this date is usually the accident date itself. For occupational diseases and repetitive trauma injuries, the deadline begins when you become aware of the connection between your condition and your employment.
Failure to report within 30 days can result in denial of workers’ compensation benefits. Insurance carriers routinely deny claims where injured workers wait too long to report. While exceptions exist for certain circumstances, relying on exceptions rather than timely reporting creates unnecessary risk.
Verbal reports satisfy the legal requirement, but written notification creates better documentation. Put your injury report in writing, keep a copy, and note the date and person who received it. This protects you if disputes arise later about whether and when you reported.
Workers’ Compensation Filing Deadlines
Beyond the initial reporting requirement, Texas workers’ compensation imposes a one-year deadline for filing claims with the Division of Workers’ Compensation. This deadline runs from the date of injury or, for occupational diseases, the date you knew or should have known your condition was work-related.
Filing a claim requires submitting the appropriate forms to the Division. Your employer’s workers’ compensation carrier should provide claim forms and instructions after receiving your injury report. If they fail to do so, you must take initiative to file independently before the deadline passes.
Missing the one-year filing deadline typically bars your workers’ compensation claim permanently. The Division lacks authority to extend this deadline regardless of circumstances. Even if your employer or carrier caused delays through their own failures, you bear responsibility for ensuring timely filing.
Statute of Limitations for Third-Party Lawsuits
Third-party claims against parties other than your employer follow the general personal injury statute of limitations in Texas. You have two years from the date of your injury to file a lawsuit against negligent third parties whose conduct contributed to your harm.
This two-year deadline applies to claims against equipment manufacturers, property owners, general contractors, other subcontractors, negligent drivers, and any other third party. If you do not file your lawsuit within two years, the court will dismiss your case as time-barred.
The statute of limitations runs from the injury date in most cases. However, the discovery rule may delay the start of the limitations period when you could not reasonably have known about your injury or its cause until a later date. This exception applies narrowly and should not be relied upon without legal guidance.
Filing a lawsuit requires preparing and submitting a petition to the appropriate court. This involves significantly more complexity than filing workers’ compensation claims. Most injured workers need attorney assistance to properly initiate third-party litigation.
Statute of Limitations for Non-Subscriber Employer Lawsuits
When your employer opts out of Texas workers’ compensation, you can sue them directly for negligence. These non-subscriber lawsuits follow the same two-year statute of limitations that applies to third-party claims.
The two-year deadline runs from your injury date. You must file your lawsuit before this deadline expires or permanently lose your right to sue your employer. No extensions apply regardless of your injury severity or the strength of your negligence case.
Non-subscriber employers sometimes implement their own benefit plans with internal deadlines for reporting injuries and filing claims. These employer-imposed deadlines may be shorter than statutory limits. Review any employment agreements or benefit plan documents to understand deadlines that might apply to your situation.
Special Situations That Affect Deadlines
Certain circumstances can extend or shorten the deadlines that normally apply to work injury claims. Understanding these special situations helps workers avoid unexpected loss of their rights.
Minor children who suffer workplace injuries have tolled statutes of limitations until they reach the age of majority. This protects young workers from losing claims before they gain legal capacity to act on their own behalf.
Incapacitated adults may have limitations periods tolled during periods when they lack mental capacity to manage their legal affairs. Severe brain injuries or other conditions affecting cognition can trigger this protection.
Claims against governmental entities often face shorter deadlines and special procedural requirements. Workers injured while working for or on property owned by government agencies must research the specific notice and filing requirements that apply.
Fraudulent concealment by employers or third parties can extend limitations periods when their deception prevented you from discovering your injury or its cause. Proving concealment requires evidence of active efforts to hide information you needed to pursue your claim.
Why Acting Quickly Protects Your Interests
Beyond meeting legal deadlines, prompt action after workplace injuries serves multiple practical purposes that strengthen your eventual claim.
Evidence deteriorates over time. Witnesses forget details, documents get lost or destroyed, and physical conditions at accident scenes change. Investigating your accident immediately preserves evidence that may become unavailable later.
Medical records establish causation best when treatment begins promptly after injury. Gaps between accidents and medical care give insurance companies arguments that something other than work caused your condition. Consistent treatment from the accident date forward strengthens the connection between your injury and your employment.
Early legal consultation identifies all potential claims before deadlines pass. Many injured workers focus only on workers’ compensation, missing third-party claims or non-subscriber lawsuit opportunities. An attorney reviewing your case early ensures no viable claims slip away due to oversight.
Settlement negotiations benefit from thorough preparation that takes time to complete. Starting your case early allows your attorney to build the strongest possible case before entering negotiations or preparing for trial.
Shaw Cowart Helps Austin Workers Meet Critical Deadlines
Shaw Cowart understands the urgency that workplace injuries create. Our attorneys move quickly to investigate accidents, preserve evidence, and file claims before deadlines expire.
Contact our Austin office immediately after your workplace injury for a free consultation. We explain the deadlines that apply to your situation and take prompt action to protect your rights.