How Long Do You Have to File a Construction Accident Claim in Texas?
Two years for a negligence claim, but the deadline that catches people is the workers compensation reporting requirement, which is measured in days.
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Thirty days to report to your employer
Where the employer subscribes to workers compensation, the injury must generally be reported to the employer within thirty days. Missing it can jeopardize benefits entirely.
For an occupational disease or a repetitive trauma injury, the period generally runs from when the worker knew or should have known the condition was work related, rather than from a single incident. That is a live question in hearing loss and repetitive strain cases.
One year for the comp claim itself
Reporting is not filing. A workers compensation claim generally has to be filed with the Division of Workers Compensation within one year of the injury.
These two periods catch people out because they feel like one process. Telling a supervisor is not filing a claim, and an employer is not obliged to file it for you.
Two years for a negligence claim
A third-party claim, or a claim against a non-subscribing employer, runs two years from the date of the injury under section 16.003 of the Civil Practice and Remedies Code. Wrongful death runs two years from the date of death.
This is the claim that carries the larger damages, and it operates on its own clock. Pursuing comp benefits does not preserve it.
Public projects have far shorter notice periods
Where the work was on a public project or the responsible party is a governmental unit, the Texas Tort Claims Act applies. It requires formal written notice within six months, and many cities impose shorter periods by charter.
These claims are lost on notice far more often than on the facts, and a construction site on public land is not an unusual situation.
Why the practical deadline is much shorter than any of these
Construction sites change daily. The scaffold is struck, the excavation is filled, the equipment is returned to the rental company, and the site conditions that caused the injury no longer exist within weeks.
OSHA inspection records, site safety meeting minutes, equipment inspection logs and subcontractor agreements all need requesting while they are current. A worker who waits a year has preserved the limitations period and lost the evidence.
Where periods are extended
A claimant who was a minor generally has until two years after turning eighteen, and legal incapacity can toll the period. These are exceptions argued on specific facts.
Nothing here should be relied on without advice on your own situation, because which deadline governs depends on which claim you have.
Summary
| Deadline | Applies to | Runs from |
|---|---|---|
| 30 days | Reporting the injury to your employer | Date of injury |
| 1 year | Filing the workers compensation claim | Date of injury |
| 2 years | Negligence claim against a third party | Date of injury |
| 2 years | Claim against a non-subscribing employer | Date of injury |
| 2 years | Wrongful death | Date of death |
| 6 months or less | Governmental unit, public project | Date of incident |
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Frequently asked questions
Where your employer subscribes to workers compensation, generally thirty days to report the injury to the employer. Reporting is separate from filing, and the comp claim itself generally has to be filed within one year.
Yes. A negligence claim against someone other than your employer runs two years from the date of injury. Pursuing workers compensation benefits does not preserve that separate deadline.
For occupational disease and repetitive trauma, the reporting period generally runs from when you knew or should have known the condition was work related, rather than from a single event. This is often disputed and worth advice.
Yes, substantially. Where a governmental unit is responsible, formal written notice is required within six months and many cities impose shorter periods by charter. These claims are commonly lost on notice rather than on the merits.
Talk it through with a lawyer
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