If you or someone you love suffered an injury in a work accident in Texas, the state gives you a limited time to seek compensation by filing a workers’ compensation claim. The statute of limitations for work injuries in Texas is generally one year from the date the injury occurred. This is not the only important date — you could also have additional notification deadlines that apply to your case.
Understanding and complying with the state’s statute of limitations is essential to your claim. It can also be complex when handled independently, mainly when your injuries could prevent you from participating in your case as fully as you might prefer.
The Consequences of an Expired Statute of Limitations in Texas
It can be challenging to determine whether you can sue your employer for an injury in Texas. If you pursue your employer for compensation in a personal injury case, you generally have two years to do so, according to Texas Civil Practice and Remedies Code § 16.003. Various factors can cause the personal injury filing deadline to fluctuate. These are unique to each case, so working with an attorney can help injured parties determine how their situation will affect their case’s timeline and deadline.
Your attorney will clarify how Texas law affects your potential personal injury case. Whether you seek compensation via a workers’ compensation or personal injury case, you must meet the applicable filing deadline. Failure to do so could mean you cannot seek compensation at all. The personal injury lawyer who builds your work injury case will explain how Texas law impacts your financial recovery options.
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Benefits You Can Recover By Complying With the Statute of Limitations
If you get hurt at work, you could recover two types of benefits if your employer carries workers’ compensation coverage — medical and financial. The extent and severity of your injury will determine the type and length of medical care you require. This can include:
- Hospital admissions
- Various therapies
- Prescription medications
- Required surgeries
- Assistive medical devices
If your employer must carry workers’ compensation insurance in Texas, their insurance should cover all medical care related to your injuries. Your lawyer will explain the steps you can take if your employer does not have the insurance.
You can also recover compensation for the time that your injuries prevent you from working. According to TDI guidelines, your monthly compensation is based on your average weekly salary. Your lawyer will ensure this figure is accurately calculated and documented to ensure you receive appropriate compensation. They will also ensure you understand how any compensation you recover will be disbursed.
How to Ensure You Meet All Notification and Filing Deadlines
While you navigate your treatment protocol, the lawyer who represents you can ensure your case meets all required deadlines. According to a Centers for Disease Control and Prevention (CDC) report, as many as 1.8 million employees were injured at work in 2020. If you or someone you love sustained a work injury, it can take time to recover. Sometimes, it’s difficult to know how much time one will need to heal from their injuries.
According to Texas Department of Insurance (TDI) guidelines:
- Your employer must be notified of your injury within 30 days of its occurrence.
- You must submit DWC Form-041 (required) within one year of the date your injury occurred.
You have additional responsibilities your lawyer will explain. They will also make sure you comply and clarify your rights and your employer’s responsibilities and help you build the strongest possible case for financial recovery.
Commonly Reported Work-Related Injuries in Texas
TDI cites slip and fall accidents as a primary cause of workplace injuries. Accidental falls can be caused by wet, slick, or slippery surfaces, debris, grease spills, smooth surfaces, and inappropriate footwear.
Accidental falls can occur at the same level and from elevated heights, which can play a significant role in their severity. Additional causes of work injuries can include:
- Being struck by an object
- Being stuck in between objects or equipment
- Burns and electrocutions
- Workplace violence
Your lawyer will ensure your case file includes proof of your injuries and their causes and contributing factors. This can include your medical records and other information related to the impact of your injuries on your ability to return to work and support yourself and your family.
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Get Legal Help With a Workplace Injury Case in Texas
Were you or someone you love injured in a workplace accident in Texas? If you were, you need to understand the statute of limitations for work injuries and the importance of filing your case on time. You do not have to sort out the state’s timeline without legal guidance and support.
Our work injury lawyer will ensure your case meets all required filing deadlines. Get started by contacting our case review team at Clay Jenkins & Associates today.