Timelines Every Injured Employee Must Know Miss a Deadline, Miss Your Rights
If you are hurt on the job, the clock starts ticking fast. What you do in the first 30 days and beyond can make a huge difference in your claim, with important deadlines you don’t want to miss. Texas is unique in the fact that your employer may have traditional workers’ compensation, or they may be a nonsubscriber, opting out of the system entirely. Knowing when to take action and moving swiftly can protect your well-being, paycheck, and future. When to Report If you are injured in the workplace, it is best practice to report the incident as soon as possible. Many traditional workers’ compensation or employer benefit plans have strict deadlines for submitting a written report of an injury, typically within a 24- to 72-hour window. While state law doesn’t set a specific deadline for nonsubscriber cases to report an injury, you will need to provide that written document, and the sooner you do, the sooner the process can begin. Statute of Limitations When you’re ready to file your claim, there is a nonnegotiable statute of limitations that dictates
deadlines. If you miss them, you may completely miss out on the opportunity to make any kind of recovery. Standard
workers’ comp cases have a 30-day window to inform your employer and a year to file your formal claim with the Texas Division of Workers’ Compensation (DWC). The state generally provides a two-year time frame for personal injury lawsuits against a third party or a nonsubscriber employer. Other Timely Factors
The time it takes from the moment you are injured until your claim is closed can vary from a few months to a year or even longer, depending on the complexity of the case. More serious injuries take longer to assess the full scope of the damages. If your employer or their insurance company disputes responsibility for your injuries, it will extend the time. Most employer benefit plans have a 30-day deadline for internal appeals processes. If you actually wind up in court, that’s another set of timelines. At Armstrong Law, we’ve handled many workplace injury claims and can help your case stay on track. The clock starts ticking quickly after your accident, so contact us today to schedule a complimentary consultation.
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Armstrong Law specializes in workplace accident cases for employees of businesses in Texas that do not have workers’ comp insurance. We understand the nuances of these cases and have the resources to take on large “nonsubscriber” employers. To refer an injury case involving a nonsubscriber employer to our practice, call us at 214-932-1288 . WE VALUE YOUR REFERRALS
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