27 December 2024 - Posted by Monsour Law Firm
Sustaining an injury in a workplace accident in Texas prompts a critical question: how long do I have to sue for work-related injuries in Texas? Generally, you have two years from the date of your lesion to file a lawsuit. However, if your employer offers workers’ compensation, you must file a claim within one year. Understanding these timelines is essential to ensure you can pursue the compensation you deserve. At Monsour Law Firm, we’re here to help you navigate this process and protect your rights.
In most cases, the Texas statute of limitations is two years from the date of the injury. You may lose your right to pursue compensation if you miss this deadline. Acting quickly and consulting a lawyer can help preserve crucial evidence and strengthen your case.
In Texas, workplace injury claims can take several forms depending on the specifics of your situation and your employer’s insurance coverage. The state does not require all employers to carry workers’ compensation insurance, which impacts whether you may file a traditional workers’ comp claim or pursue other legal options. We understand how challenging this landscape can be and can help you determine the best path forward based on your unique case.
In most cases, Texas workers’ compensation laws prevent employees from suing employers who carry workers’ comp insurance. Workers’ comp provides specific protections for both employees and employers. If your employer has this coverage, you are typically limited to filing a workers’ compensation claim for benefits and cannot sue directly for damages, even if the employer was at fault.
Nonetheless, there are situations where you may be able to pursue a third-party claim or, if your employer does not carry workers’ compensation, file a personal injury lawsuit directly against your employer.
Texas is unique in allowing employers to choose whether to carry workers’ compensation insurance. If your employer is a “non-subscriber” and does not provide workers’ comp, you may be able to file a personal injury lawsuit directly against them if their negligence contributed to your lesion. In these cases, you may be able to recover additional types of damages, such as pain and suffering, which are not available under typical workers’ comp claims. This is where consulting with a knowledgeable law firm like Monsour Law Firm can make a big difference, as we can help determine the best legal approach for your case.
The statute of limitations is the legal deadline by which you must file a lawsuit. In the stat, you generally have two years from the date of a workplace accident to file a personal injury claim, as stated in the Texas Civil Practice and Remedies Code, Sec. 16.003. Missing this deadline can mean losing your right to seek compensation entirely, making it essential to act promptly.
The statute of limitations typically starts on the date of the accident or lesion. But, there are cases where the deadline may be delayed. For example, if the injury was not immediately apparent or if it developed over time (such as an occupational disease), the statute of limitations may begin on the date the injury was discovered or should reasonably have been discovered.
Some exceptions to the two-year statute of limitations may apply to your case. For instance, if the injured party is a minor or if the employer actively conceals information about the affliction, the statute may be “tolled” or temporarily paused. It’s fundamental to consult an attorney to understand how these exceptions might apply in your situation, as they could extend your filing deadline.
For employees whose employers carry workers’ compensation insurance, the process involves filing a workers’ comp claim rather than a lawsuit, as its benefits cover medical expenses and a portion of lost wages but generally excludes damages for pain and suffering. Filing this claim also requires reporting the injury promptly, as delays may impact your eligibility for benefits.
In some workplace accidents, a third party, such as a contractor, equipment manufacturer, or property owner, may be responsible for the impairment. In these cases, you can file a personal injury lawsuit against the third party within the two-year statute of limitations. These claims allow injured workers to seek damages beyond what workers’ compensation offers, including total lost wages, pain and suffering, and other costs.
If your employer does not carry workers’ compensation, you may file a personal injury lawsuit directly against them, subject to the two-year statute of limitations. This type of claim may allow you to recover additional damages, as you can seek compensation for pain and suffering and other non-economic losses. Still, you’ll need to prove that the employer was negligent, which can make the process more challenging.
Certain events may extend the statute of limitations or delay its start. For example:
Comprehending these nuances is critical. Working with an experienced Texas workplace injury attorney can help ensure that you meet crucial deadlines.
It’s essential to take timely action to file your claim. Delaying can make it harder to gather evidence, locate witnesses, and build a strong case. Insurance companies are usually less cooperative when claims are delayed, and waiting too long can mean missing out on vital compensation. According to experts, promptly reporting and documenting workplace injuries not only helps guarantee eligibility for benefits but also strengthens the overall claims process by preserving critical evidence. Filing promptly certifies that you’re in the best position to recover the damages you deserve.
If you’ve been injured in a workplace accident, don’t wait to seek legal guidance. Contact Monsour Law Firm today to learn how we can help you navigate the legal process, meet critical deadlines, and pursue the maximum compensation for your injuries.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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