Navigating the Statute of Limitations in Workplace Injury Cases

If you’ve suffered a workplace injury, you are likely dealing with physical, emotional, and financial stress. As medical bills, out-of-pocket expenses, and lost wages begin to accumulate quickly, you may be wondering how long you have to pursue compensation after a workplace injury takes place. Understanding how to navigate the statute of limitations in workplace injury cases is crucial for ensuring you don’t lose out on the ability to recover the compensation you need to move forward. 

What Is a Statute of Limitations? 

The statute of limitations in injury cases determines the deadline for which you must bring your case. If you fail to file your claim in time, you can be barred from recovering any compensation for your injuries and losses. 

Keeping track of deadlines while also dealing with the aftermath of your workplace injury can be challenging. An experienced personal injury attorney can help you keep track of the applicable statute of limitations in your case and ensure you don’t lose out on the compensation you deserve. 

The statute of limitations differs by state. For example, while California and Texas both set a two-year time limit for filing a claim, they may vary in terms of the compensation rules or laws applicable.

How Does California Law Compare to Texas Law? 

In California and in Texas, the statute of limitations for bringing an injury claim is typically two years. If you do not bring your case in a timely manner, your case can be dismissed, even if it was an otherwise valid claim. 

California and Texas differ regarding comparative negligence. California is a pure comparative negligence state. This means that even if you are mostly at fault for your injuries, you can still recover compensation. However, the amount of compensation you can receive is reduced in proportion to your share of the fault. 

We interviewed Ryan Zehl, the best Houston personal injury lawyer, to explore the distinctions between the two states in terms of comparative negligence. Attorney Zehl explains that Texas is a modified comparative negligence state that only allows injured victims to recover damages like dealing with physical, emotional, and financial stress if they are not more than 50% at fault. If you were less than 51% to blame for your workplace injury, you can recover damages in proportion to your share of the blame.

Additionally, in Texas, you only have one year to bring a workers’ compensation claim, but most employers are not required to carry workers’ compensation insurance. However, all employers in California are required to provide workers’ compensation benefits to their employees. This provides the employee with medical care, disability benefits, supplemental job placement benefits, and more. California workers have 30 days to report their injury and one year to file their claim. 

How to Ensure You Comply With the Statute of Limitations After a Workplace Injury

If you were injured at work, taking the following steps can help ensure you don’t miss out on critical filing deadlines: 

• Notify your employer of the injury 
• Request an incident report 
• Take pictures and videos of the accident scene and your visible injuries 
• Obtain statements from witnesses 
• Gather any available evidence
• Document what led to the injury 
• Keep track of your medical bills and lost wages

Consulting a workplace injury lawyer as soon as possible can help ensure you don’t miss the deadline to file your claim and lose your ability to recover compensation. 

A Workplace Injury Lawyer Can Help You Navigate the Statute of Limitations 

Did you sustain a workplace injury? Navigating the statute of limitations and other personal injury laws can be complex. It is also challenging to keep track of filing deadlines while focusing on your physical, emotional, and financial well-being. 

Don’t delay getting the dedicated support and guidance you need after suffering an injury while on the job. A skilled workplace injury lawyer can guide you through the entire process, from the initial case review through settlement negotiations and trial representation.