If you or a loved one were injured on the job in Texas, it’s critical to speak with an experienced work injury attorney as soon as possible to avoid waiving important legal rights. While the workers’ compensation system may provide benefits to help cover medical bills and lost wages, those benefits are often very limited — and you can’t afford to leave your future in the company’s hands.
At Zehl & Associates, we’ve won Billions for accident victims, including the largest work injury verdicts and settlements in Texas history. All too often, we find that injured workers assume they are limited to a Workers’ Comp claim — only to later discover they may have had the right to pursue a far more substantial third-party lawsuit against a negligent contractor, equipment manufacturer, trucking company, or other responsible party. In some cases, injured workers may even have claims directly against their employer.
Texas law imposes strict deadlines for reporting workplace injuries, filing workers’ compensation claims, and pursuing personal injury lawsuits. Missing these deadlines could prevent you from recovering the full compensation you need and deserve, especially when your health and your family’s future is on the line.
Understanding these deadlines early can help protect your rights and prevent costly mistakes. Below, our undefeated Texas Work Injury Lawyers break down the key time limits that may apply after a Texas work injury.
The 30-Day Deadline To Report Your Injury
The first deadline to be aware of is the 30-day reporting requirement. Under Texas law, you must notify your employer about your work-related injury or illness within 30 days of the date it occurred. If your condition developed over time rather than in a single incident, the clock starts from the date you knew or should have known the problem was connected to your job.
This report should be made in writing and include details about how, when, and where the injury happened. Many workers assume their employer will take care of the paperwork, but that is not always the case. If you rely on someone else to handle this step and it doesn’t get done, the consequences could fall on you.
Failing to report within this 30-day window can give the insurance carrier grounds to deny your claim entirely, despite the fact that your injury is legitimate.
The One-Year Deadline To File Your Claim
Reporting the injury to your employer is only the first step. You also need to file a formal claim with the Texas Division of Workers’ Compensation (DWC). This is done by submitting DWC Form-041, and you generally have one year from the date of your injury to do so.
This one-year deadline is separate from and in addition to the 30-day reporting requirement. A lot of injured workers assume that telling their boss about the injury is enough, but it is best not to assume that. If Form-041 is not filed with the state within one year, you lose your right to benefits regardless of how serious your injuries are.
For occupational illnesses that develop gradually, the one-year clock starts from the date you first became aware of the condition and its connection to your work.
Other Important Deadlines
Beyond the initial reporting and filing deadlines, the Texas workers’ compensation process includes several other time-sensitive steps:
- You have 90 days to dispute an impairment rating, which can affect how much compensation you receive
- You have 10 days to challenge a denial of a request to change your treating doctor
- If your claim is denied, you can request a benefit review conference (BRC) through the DWC to resolve the dispute
- Income benefits like Supplemental Income Benefits require quarterly applications that must be submitted on time
Missing any of these deadlines can reduce the amount of benefits you receive or, alternatively, limit your ability to challenge decisions made by the insurance carrier.
What if My Employer Doesn’t Carry Workers’ Comp?
Texas is the only state that does not require employers to carry workers’ compensation insurance. If your employer is a non-subscriber, the workers’ compensation system does not apply to your case. Instead, you may be able to file a personal injury lawsuit against your employer.
The statute of limitations for that type of claim in Texas is generally two years from the date of the injury. However, note that there are various exceptions that can adjust the time limit.
Contact an Undefeated Houston Workers’ Compensation Lawyer With Zehl & Associates for Help at 888-603-3636
Were you injured at your job in Texas? You may be entitled to workers’ compensation benefits, but you’ll need to make sure your claim meets all of the applicable time limits. An experienced attorney can help you take appropriate legal action while you focus on your recovery.
Schedule a free consultation with an Undefeated Houston workers’ compensation attorney at Zehl & Associates today by contacting us at 888-603-3636. We’ve recovered billions of dollars for our clients and will work just as hard for you on your case.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours