Statute of Limitations for Worker's Comp in Texas

WORKERS COMP SETTLEMENTWORKERS COMPENSATION LAWWORK INJURYWORKERS COMPENSATIONWORKERS COMP CLAIM

2/23/20242 min read

a group of people standing around a pile of coins
a group of people standing around a pile of coins

When it comes to filing a workers' compensation claim in Texas, it is important to be aware of the statute of limitations. The statute of limitations refers to the time limit within which an injured worker must file a claim in order to be eligible for workers' compensation benefits.

In Texas, the statute of limitations for workers' comp claims is one year from the date of the injury or from the date the worker learns about their work-related illness. This means that injured workers have one year to file a claim from the time of the accident or from the date they become aware of their illness.

However, it is important to note that in order to file a workers' compensation claim, the injured worker must report the injury to their employer within 30 days of the accident. This reporting requirement ensures that the employer is aware of the injury and can take appropriate action.

It is crucial for workers to report their injuries to their employers as soon as possible to ensure that they meet the 30-day reporting requirement. Failure to report the injury within this timeframe may result in the denial of the workers' compensation claim.

Once the injury has been reported, the injured worker has one year to file the workers' compensation claim. It is advisable to file the claim as soon as possible to avoid any delays or complications in the process.

It is important to understand that the statute of limitations for workers' comp claims in Texas is a strict deadline. If an injured worker fails to file a claim within the one-year timeframe, they may lose their right to seek workers' compensation benefits for that particular injury or illness.

It is also worth noting that the statute of limitations may vary depending on the specific circumstances of the case. Certain factors, such as the nature of the injury or illness, may affect the timeline for filing a claim. Therefore, it is recommended to consult with an experienced workers' compensation attorney to ensure that you meet all the necessary deadlines and requirements.

In conclusion, injured workers in Texas must file a workers' compensation claim within one year of the date of the injury or from the date they become aware of their work-related illness. Additionally, it is crucial to report the injury to the employer within 30 days of the accident. Adhering to these timelines is essential to protect your rights and ensure that you receive the workers' compensation benefits you are entitled to.