Work Injury

How Long Do You Have to Sue for a Workplace Accident in Texas?

Posted by: Kemmy Law Firm

While the days and weeks following your workplace injury may feel hectic, it is a crucial time for your claim. You must collect strong evidence before it disappears and give your attorney ample time to submit your claim.

If your employer offers workers’ comp benefits, you have even less time to file a claim since you can’t sue them. Knowing your claim’s deadline ensures you submit it on time and remain eligible for fair compensation.

What is the Texas Statute of Limitations?

The statute of limitations is the time you have to file a personal injury claim, and this time period differs depending on the state you live in. In Texas, you have two years to file your personal injury claim.

When Does the Statute of Limitations Begin?

The two-year statute of limitations begins on the day you were injured; however, some exceptions exist. For example, you might not have known your workplace accident caused your injuries until later. In this case, the statute of limitations begins when you knew or should have known about your injuries.

Statute of Limitations for Product Liability Claims

Products should have a written warrant stating how long it is considered safe to use. If a product becomes defective and causes injury within the time it is considered safe, you could be eligible for a product liability claim.

You must file your product liability claim before the year the warranty ends. For example, if the product has a 15-year warranty, a product liability claim could be filed at any point from the date the product is purchased to the end of the 15 years.

Statute of Limitations for Asbestos & Silica Exposure Claims

The statute of limitations has a different start date for workers exposed to Asbestos and Silica. Asbestos is a harmful toxin that primarily impacts the construction industry, and Silica is a mineral found in the earth’s crust used during fracking. Inhaling these toxic substances for years could take a toll on your respiratory system and cause long-term health issues.

The statute of limitations for Asbestos and Silica exposure begins on the date of the exposed person’s death or the date that the claimant serves on a defendant a report by a physician verifying their exposure.

Why You Shouldn’t Wait to File Your Claim

Two years may feel like a long time, but you’d be surprised how quickly the statute of limitations could run out when you’re dealing with the fallout of a workplace injury. It could take time for your attorney to gather your paperwork and file your claim. To avoid rushing this process, filing as soon as possible is best.

You could also be out of a job for months while you recover from your injuries, causing you to fall behind on medical payments, bills, and other expenses. The sooner you file your claim, the sooner your attorney can begin working on your case and negotiating a fair settlement.

Lastly, the evidence tends to fade the longer you wait to file your claim. Without solid evidence supporting your case, you could miss out on compensation or lose your claim entirely.

What if Your Employer Has Workers’ Comp?

If your employer offers workers’ comp benefits, you cannot sue them for compensation. Instead, you must file a workers’ comp claim to recover from your damages. Like personal injury claims, you must ensure that you file within the specified deadline to remain eligible for compensation.

The Texas Department of Insurance states that you have 30 days from the date of your injury to report a workplace accident to your employer. Like a personal injury claim, you also have 30 days from the date you knew or should have known of your workplace injury to report the accident to your employer.

Additionally, you have one year from the date you were injured or should’ve known you were hurt to file your workers’ comp claim. If you’re claiming death benefits, you must file your claim within one year of the employee’s death.

Forms Needed to File for Workers’ Comp

To properly file your workers’ comp claim, you must complete and send your DWC Form-041 to the Division of Workers’ Compensation. You must complete and send the Claim for Workers’ Compensation Death Benefits form if you claim death benefits.

The Kemmy Law Firm Will File Your Claim On Time

When you’re recovering from your injuries, you shouldn’t have to worry about negotiating with insurance companies for fair compensation. When you hire the Kemmy Law Firm, our family of Permian Basin attorneys get right to work on your claim and evaluate all your damages to ensure you recover what you lost.

Contact our office today by calling 210-750-1019 to schedule your free consultation.

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Contact Kemmy Law Firm Today

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Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.