What Is the Texas Statute of Limitations for Workers’ Compensation Claims?
Were you injured while on the job? These injuries can leave you in a great deal of pain, dealing with financial hardship, or even managing a permanent disability. The Texas Workers’ Compensation Act may help you recover monetary damages related to your accident, regardless of who was at fault for the injuries. There are specific filing deadlines you must meet, otherwise you could miss your opportunity for compensation.
At the Law Office of Sandy McCorquodale P.C., we have an in-depth knowledge of Texas workers’ compensation laws, filing deadlines, and everything you need to seek damages in your case. We are committed to representing cases other law firms might turn away and truly care about our clients. Get in touch today to learn more about your unique case.
Time Deadlines for Filing Your Texas Workers’ Compensation Case
Texas workers must file their workers’ compensation claim within one year after the accident, or within one year of learning about their work-related illness. Failure to file by the one year deadline could mean that your claim is dismissed, whether it is valid or not. This means you could lose your opportunity to win compensation simply because you waited too long.
Another important deadline also exists that many employees miss, and employers often fail to tell you about. You must report your injury to your employer within 30 days after the injury. If you suffer from an occupational disease, you must report your illness within 30 days of when you knew or should have known about it.
Reporting to your employer is often as simple as submitting the right form or telling your supervisor, but it can differ depending on your situation and company’s policies.
How To Avoid Problems With Workers’ Compensation Deadlines
The best way to prevent missing a deadline is to report your injury as soon as possible. Submit the proper paperwork with a few days of your accident to avoid missing critical deadlines. Good supervisors may help with this process, but do not trust your company to remind you about your obligation. Many may hope you fail to report it so they can deny your claim based on a technicality.
Another method to avoid this problem is to speak with a workers’ compensation attorney soon after your accident. Your lawyer can help report the injury to your employer and file an appropriate claim within the applicable time limits.
Additional Steps You Can Take To Protect Your Workers’ Compensation Rights
After an injury, you likely have a lot on your mind. You are trying to heal, make medical appointments, or you may even be dealing with the loss of a loved one who passed away in a work injury. Thinking about a workers’ compensation claim may not be the first thing on your mind, but following these tips can help you protect your rights to compensation:
- Collect any and all evidence of your accident
- Take pictures or videos of your injuries
- Note who witnessed the accident or knows what happened
- Make copies of any injury or incident reports, including the reporting form to your employer
- Maintain all medical bills, invoices, or other costs
- Take notes about what you remember and what happened
These and other steps can help you remember everything that happened and provide critical evidence you need to prove your work-related injury. Companies may attempt to avoid paying workers’ compensation even when they know they are liable, but these steps can help avoid this problem.
File Your Texas Workers’ Compensation Claim in Time
While this can all feel overwhelming, you do not have to handle a work-related injury by yourself. Our accomplished Texas workers’ compensation attorneys are prepared to investigate your case and file it within the statute of limitations. We help you through the administrative process and with any appeals, should they be necessary.
The Law Office of Sandy McCorquodale P.C. stands ready to fight with you. Contact us today for a consultation of your workers’ compensation case.