What is the Statute of Limitations on a Work Injury in Texas: What You Need to Know

Your job asks a lot of you. It asks for your time, your focus, your commitment, and your energy. But sometimes the costs can outweigh the benefits, especially when it comes to your physical health.

Workplace injuries may be common, but that doesn’t take away from the fact that they can seriously derail your life and immediate plans. From time off, expensive bills, and chronic pain, getting injured at work can take a real toll on your everyday life.

If you’re an employee that is dealing with a work injury, you deserve to understand your rights. And a key part of that for Texas employees, is understanding the statute of limitations.

So what is the statute of limitations on a work injury, and how does it affect you? The statute of limitations is a law that puts a time limit on how long you have to report an injury, before you are no longer eligible for worker’s compensation.

In Texas, that means that you have 30 days from the time of your injury to file a report with your employer. The exception being non-subscriber businesses, where employees typically have up to two years to file.

Confused? You’re not the only one. We’ve guided hundreds of clients through their workplace injury journeys and are here to do the same for you.

What is the Statute 0f Limitations

Let’s start by going over the basics: what is the statute of limitations?

Most businesses choose to offer their employees a workplace compensation plan. These are employer-funded insurance plans that offer you compensation if you become injured at work. These plans typically cover things like:

• Paid leave
• Reimbursement for medical care
• Money towards future care

Worker’s comp offers great protection and coverage after an injury. But, as with many things in life, there is a catch. You only have a specific amount of time in which to file a worker’s compensation claim.

From the time of your injury you or a representative have 30 days to file a report with your employer. Any longer than this, and your employer can deny your request, meaning that all medical care and time off would come out of your own pocket.

This report is different from a formal claim that you file with the Division of Worker’s Compensation. This report protects your right to benefits, and has a much longer timeline. You have one year from the date of the injury to file with the DWC.

Okay, you may be thinking. Sounds simple enough. Why wouldn’t I file?

Unfortunately, we often encounter employees who are injured and initially discount the severity of the injury. Thinking they just need rest, or a few days to feel normal, they go back to work and leave the injury unreported. By the time pain increases, or they realize that the injury isn’t going away on its own, they are often past the statute of limitations.

That’s why we recommend always filing a report right away, regardless of the severity of your injuries.

Understanding Non-Subscriber Rules in Texas

If you live and work in Texas, you may find that many of the articles about work injuries do not apply to you. Texas is unique, in the sense that it is the only state in the U.S. that allows businesses to operate under non-subscriber plans.

Non-subscriber businesses are allowed to voluntarily opt out of traditional worker’s compensation plans. Instead, they can offer in-house alternatives. This may include:

• Paid-for medical check-ups and care (these programs often have strict regulations for which providers you are allowed to visit).
• Settlement packages designed to go towards covering loss of work and medical care.

In theory, there’s nothing sinister about non-subscriber plans. However, in practice, they are often heavily weighted in favor of the companies, rather than the employees. Most notably, employees may find that they are quickly offered settlements that don’t account for ongoing medical care, rehabilitation, or therapy.

But here’s the key difference. In opting out of traditional worker’s compensation rules, companies are also exempting themselves from no-fault laws. If your employer is a Texas nonsubscriber, your claim may actually be a negligence lawsuit, rather than a workers’ compensation claim. This means that unlike companies offering worker’s compensation, employees are able to make a case that their employer’s negligence led to their injury, opening them up to a personal injury case.

These different rules mean that the statute of limitations changes as well. You have two years from the date of your injury to file a complaint. That being said, there are some exceptions.

Some non-subscriber businesses put a clause in their employment contracts that shortens that statute of limitations to a year or less. It’s important to review your contract to see if there are other timelines you need to be aware of.

The Most Common Work Injuries

Many employees are eager to please their employers. They don’t want to rock the boat, or create conflict. Because of this, some employees hesitate to even claim that their injuries are workplace injuries.

Work injuries are classified as any injury that happens on your employer’s premises, or while performing the duties of your job. This means that if you are, say, a delivery driver, who injures themselves through picking up packages, this still counts as a workplace injury.

Work injuries can happen from a single incident, or build up over time. Not sure if your injury would be considered a workplace injury? Here are a few of the most common types of work injuries:

• Slips & Falls – Slips and falls are common in a workplace. They can happen spontaneously, or due to wet or slick surfaces. We often see these happening in parking lots and for those working in food service. Slips and falls can result in bone breaks, strains, or sprains.
• Repetitive Motion Injuries – We often fall into a routine with our work life. Whether that’s lifting things everyday, or even just sitting at a desk for 40 hours a week, repetitive motions leave you susceptible to stress injuries that can take a long time to heal.
• Equipment Injuries – If your job involves working with heavy-duty equipment, you know that there is a distinct risk that comes with it. Whether the equipment malfunctions, or you operate it incorrectly, the injuries can be severe.
• Burns & Chemical Exposure – Similar to equipment injuries, if you are exposed to dangerous chemicals, you can suffer a wide range of injuries, including burns, vision loss, and respiratory issues

Understanding Liability in a Personal Injury Case

We touched on the difference between workers compensation and non-subscriber plans above. When it comes to legal action, the importance of fault vs. no fault is the key to determining your next steps.

What is Fault in a Legal Case?

Fault refers to the process of proving that one party’s actions (or lack thereof) led to your injury. However, certain laws and contracts protect companies from having legal action taken against them.

If you are operating under worker’s compensation, the company is protected by no-fault laws. This means that while they may compensate you for your injury, you are unable to pursue further legal action against them, unless you can prove gross negligence on their part.

Gross negligence may include actions such as:

• Ignoring OSHA safety guidelines
• Providing no or inadequate training
• Not maintaining equipment or the building
• Allowing drug use or intoxication while employees are on the clock

If your employer carried Texas workers’ compensation insurance, those benefits are generally your exclusive remedy against your employer for work-related injuries. Gross negligence typically only applies in situations where death has occurred.

What Makes a Company Liable for Your Injury

If you are pursuing a personal injury lawsuit against your employer, you need to be able to prove negligence.

Negligence is defined as the failure to provide reasonable care. This means that if you slipped and fell because your employer failed to put out wet floor signs, or take care of potholes in the parking lot, their negligence may have directly contributed to your injury.

Your legal team should work with you to compile evidence of negligent behavior in order to strengthen your case.

How to File a Work Injury Report:

So, you’ve been injured. You’re ready to help protect yourself and get the worker’s compensation that you deserve, but aren’t sure where to start.

The process isn’t overly complicated, but there are steps you won’t want to miss. We’re here to break it down for you.

Step One: Report Your Injury to Your Employer

Whether or not you think the injury is severe or requires medical attention, we recommend reporting your injury to your employer right away. While the statute of limitations gives you a window of thirty days to report your injury in, the sooner the better, in terms of making your case, further down the road.

Step Two: Seek Medical Attention

In the case of a severe injury, you should seek immediate medical attention. However, many people take a few days to see if the injury will resolve on it’s own. In terms of giving you legal protection, though, getting a professional exam will help to strengthen your case down the road. Just be sure to keep track of your medical reports and bills to use for reimbursement purposes.

Step Three: File a DWC Form-041

In addition to a worker’s compensation claim, the state of Texas requires you to file a DWC Form-041 with the Division of Worker’s Compensation within a year of filing for worker’s compensation. Like filing a report with your employer, we recommend doing this as close to the date of your injury as possible. This form functions as your formal complaint, and will allow you to access benefits through your employer

Step Four: Save All Documents Related to Your Injury

In the case that your claim is denied, you’ll want to be prepared to appeal. In which case, you’ll want to have plenty of evidence backing up your case. Be sure to save all doctor’s notes, PTO and medical leave requests, bills from medical care, and all communications with your employer about the injury.

What if My Worker’s Compensation Claim is Denied?

Once in a while, we hear stories of worker’s compensation claims being denied. While it’s easy to panic over this, we strongly encourage you to stay calm and know that you have options.

If your claim is denied, you can dispute the denial through the Texas workers’ compensation dispute resolution process, often beginning with a Benefit Review Conference. Different disputes have different deadlines, so we always recommend that clients act quickly. Curious about your specific deadline? Your legal team should be able to help you pinpoint when you appeal needs to be filed by.

Through the appeals process, you have the opportunity to request a formal hearing, where your case will be presented, alongside any evidence you may have.

If your appeal is also denied, you will be personally responsible for paying for all medical costs.

Texas Work Injury Experts

Are you feeling overwhelmed at the prospect of filing a worker’s compensation claim all on your own? Are you appealing your employer’s decision? At Armstrong, Lee & Baker, we’re here to help you get what you deserve, without any extra guesswork or jumping through hoops. All you have to do is set up a call with our team. We’ll sit you down for a no-cost consultation, and talk you through your options.

Want to learn more? Reach out to us today for a free consultation!