Work injuries happen every day across Texas, especially on construction sites, in oilfields, and at plants and refineries where workers face some of the most dangerous conditions in the country. After a serious accident, the company and its insurers will move quickly to protect themselves, often limiting injured workers to workers’ compensation benefits that will never cover all of their injuries and losses, pressuring them to return to work before they’re physically ready, and discouraging them from exploring their legal options, even when they may have the right to pursue a personal injury lawsuit for substantially greater compensation.
When your future is on the line, you can’t afford to assume workers’ compensation is your only option.
At Zehl & Associates, we’ve won Billions for accident victims, including the largest work injury verdicts and settlements in Texas history. Our firm has successfully represented thousands of workers and families after catastrophic oilfield accidents, refinery explosions, industrial disasters, and fatal workplace incidents across the nation, including obtaining the #1 Oilfield Burn Injury Settlement in U.S. History and the #1 Workplace Electrocution Settlement in Texas.
The following deadlines aren’t just important — they can affect your right to recover compensation. Missing these deadlines can prevent you from filing a work injury claim or pursuing damages altogether.
Here’s what you need to know and how our undefeated Texas Work Injury Lawyers can stand up, fight, and win for you and your family.
Deadlines for Work Injury Lawsuits in Texas
The statute of limitations is the legal time limit for filing a claim. In Texas, most personal injury lawsuits must be filed within two years from the date of the injury. Wrongful death lawsuits must be filed within two years of the date of a worker’s death.
These deadlines generally apply when a third party (not your employer) caused your injury through negligence, or if your employer doesn’t have workers’ compensation insurance. For example, if a contractor, equipment manufacturer, or outside company contributed to your injury, you may be able to file a lawsuit against that party within two years.
If you fail to file your claim within this time frame, the court will likely dismiss your case, regardless of how strong your claim may be.
Workers’ Compensation Timelines
In Texas, not all employers are required to carry coverage. If your employer does have workers’ compensation insurance, and your injury happened on the job, different deadlines apply.
You must notify your employer within 30 days of the work-related injury or when you first became aware of it. You generally have one year from the date of the injury to file a workers’ compensation claim with the Texas Division of Workers’ Compensation. Failing to report your injury or file your claim on time can result in a denial of benefits.
If you were injured at work, workers’ compensation may provide money for:
- Medical benefits for treatment
- Wage replacement benefits
- Limited disability benefits
These benefits are “no-fault,” meaning you do not have to prove your employer caused your accident to recover benefits.
However, these benefits are often not enough to fully cover serious injuries. Likewise, they do not provide compensation for full lost wages or pain and suffering. In some cases, injured workers may also have the right to pursue additional claims outside the workers’ compensation system.
Common Work Injuries Subject to the Statute of Limitations
The statute of limitations applies to a wide range of workplace injuries. These injuries can occur suddenly or develop over time due to repeated exposure or strain.
Common work-related injuries include:
- Burn injuries from fires, explosions, or chemical exposure
- Spinal cord injuries
- Crush injuries and amputations
- Traumatic brain injuries (TBIs)
- Repetitive stress injuries, such as carpal tunnel syndrome
- Exposure to toxic substances
Some injuries, such as occupational illnesses or repetitive stress conditions, may not be immediately apparent. In these cases, the timeline may begin when the injury is discovered or reasonably should have been discovered.
It is important to have your case evaluated by an experienced attorney to determine the applicable deadline.
Contact an Experienced Houston Work Injury Attorney at Zehl & Associates for a Free Consultation
Whether your case involves workers’ compensation, a third-party claim, or both, acting quickly is essential. An experienced Houston work injury attorney can help you determine the deadlines in your claim and comply with all filing requirements. Your attorney can also handle all other legal aspects of your claim, from investigations to negotiations and litigation.
Zehl & Associates has extensive experience handling serious workplace injury cases. Our undefeated lawyers have recovered Billions of dollars in compensation and secured record-breaking settlements and jury verdicts. Contact us today at 888-603-3636 today to arrange a free consultation.
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