Suing a Texas Non-Subscriber Employer: Your Deadline

Getting hurt at work can leave you struggling to pay bills while you recover. A Texas workers’ comp lawyer can help you understand your options if your employer doesn’t provide coverage under Texas’s workers’ compensation system.

A private employer that doesn’t provide this coverage is called a non-subscriber. You may be able to sue for negligence, but you need to protect your claim before the filing deadline passes.

How long do you have to sue?

Texas Civil Practice and Remedies Code Section 16.003 generally gives you two years to file a personal injury lawsuit. For a sudden workplace accident, the clock usually starts on the date you’re hurt.

Waiting until your treatment ends doesn’t ordinarily extend that time. You may still be receiving medical care when it’s time to file. Your lawyer can assess how expected future treatment costs should be included in your claim.

If you miss the deadline, the employer can usually ask the court to dismiss your case. That can happen even if you have strong evidence that the employer caused your injury.

Can anything change your filing deadline?

Some exceptions can change when the clock starts or pauses. For example, Texas law generally pauses the limitations period if the injured person was under 18 when the claim arose.

Whether an exception applies depends on the facts and the type of claim. A Texas workers’ comp lawyer can check your deadline without assuming that continued treatment or settlement talks have stopped the clock.

Does reporting your injury stop the clock?

Reporting an injury to your supervisor is useful, but it isn’t the same as filing a lawsuit. An incident report or an application for employer benefits won’t automatically stop the lawsuit deadline from running.

Some non-subscribers offer private injury benefit plans. Those plans may have separate reporting and claim deadlines, so request the documents promptly. A missed plan deadline can raise a benefits issue that’s separate from your negligence claim against the employer.

What if your employer requires arbitration?

An employment agreement or injury benefit plan may require injury disputes to go through arbitration. If the agreement is valid and enforceable, an arbitrator may decide your claim instead of a judge or jury.

Have the agreement reviewed before deciding how to start your claim. Don’t assume an HR complaint or a benefits appeal counts as beginning the required legal proceeding. Your lawyer can check the procedures for making an arbitration demand and preserving your claim on time.

What do you have to prove?

A non-subscriber isn’t automatically responsible for every workplace injury. You still need to show that negligence by the employer or someone acting for it caused your injury. That means showing that a failure to use reasonable care caused you harm.

Texas Labor Code Section 406.033 removes several defenses in these cases. For example, the employer generally can’t defeat your claim by arguing that your own negligence contributed to the injury. That protection doesn’t remove your duty to prove the employer’s legal responsibility.

Why should you act before the deadline approaches?

Your lawyer needs time to identify the correct employer and gather evidence about the accident. Surveillance footage may be deleted and witnesses may become harder to find. Early action can also help preserve records showing what happened and how the injury affected your work.

If a lawsuit is required, filing on time is only part of protecting your claim. Texas law also requires diligence in serving the employer with the lawsuit papers. Unexplained delays in service can create a deadline problem even when the lawsuit was filed on time.

How can you protect your right to seek compensation?

Keep copies of your injury report and medical records. Save your employment agreement and any benefit plan paperwork so your lawyer can review the rules that may apply.

If you were hurt while working for a non-subscriber, contact The Law Office of Sandy McCorquodale, P.C. on (833) 712-4472. A Texas workers’ comp lawyer can review your situation and help you determine what steps are needed to protect your claim before time runs out.