The statute of limitations for construction accident claims in Texas depends on the deadline set by the liable insurance company. Most insurers want to be notified of an incident immediately after it happens.
However, the statute of limitations for filing a construction accident lawsuit is governed by the state. Per Texas Civil Practice and Remedies Code §16.003, you generally have two years to file a construction accident lawsuit.
If you fail to file your claim or lawsuit within the applicable deadline, you could lose the chance to recover the cost of your losses.
The Time Limit for Filing a Workers’ Compensation Claim in Texas
If you were injured as an employee on a construction site, you could be eligible for workers’ compensation benefits. The following deadlines may apply to your case:
- You must report the accident to your employer within 30 days.
- Once notified, your employer has eight days to report your incident to the liable insurer, according to the Texas Department of Insurance (TDI).
- You have one year to file your claim with the Division of Workers’ Compensation.
Texas does not require private employers to carry workers’ compensation insurance, according to the TDI. If your employer does not have workers’ compensation insurance, you have the option of recovering damages through a personal injury claim or lawsuit.
In this instance, you must prove negligence on the part of your employer, a subcontractor, or a coworker to get compensation.
In a workers’ compensation claim, however, you do not have to prove negligence. You only need to prove that you were injured while on the job.
Exceptions to the Statute of Limitations
In your situation, there could be details that give you more time to act. For instance, according to Texas Civil Practice and Remedies Code §16.001, you could have more time to file your construction accident lawsuit if:
- You were under the age of 18 at the time of the incident.
- You were in a coma or had another physical condition that made filing a lawsuit impossible.
- You had a legal disability at the time of the accident.
You could also have more time to file your lawsuit if the negligent party left the state.
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Compensation You Could Receive in a Construction Accident Case
After a construction accident, you can receive reimbursement for a few items, regardless of whether you are filing a personal injury or workers’ compensation case.
As long as you meet the statute of limitations, you have the right to seek damages for the following:
You can receive compensation for the medical bills related to your accident, including emergency and ongoing care.
If your injuries warrant a stay in a rehabilitation facility or physical therapy, you could receive reimbursement for some of these costs, as well.
If you had to miss work because of your injury, you can seek an award for your lost wages.
Should your injuries linger, leaving you with long-term health issues and the inability to work in the future, you could receive workers’ compensation benefits for years (if you qualify).
Pain and Suffering
You may be eligible to receive an award for the pain and suffering related to your injuries. If you have a reduction in your quality of life, you may be able to receive compensation for this too.
However, financial recovery for pain and suffering is not possible with a workers’ compensation claim.
As a result of your injuries, you may be unable to keep working or live independently. We can determine your quality of life based on evidence and pursue compensation for the cost of living with a long-term physical or psychological impairment.
The Importance of Starting the Process as Quickly as Possible
Although construction accident claimants have up to two years to start the process of filing a lawsuit, we recommend starting the process even sooner.
The sooner your attorney can begin investigating your case, the easier it could be to get some important pieces of evidence. If you wait too long, witnesses could get confused or forget certain details. Footage of your accident could get erased.
By taking prompt action after being injured on a construction site, you can protect your right to compensation.
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An Attorney with Our Firm will Help You Receive the Best Possible Settlement
When you suffer an injury on a construction site, you could be facing both financial and physical difficulties. We believe that if you were injured due to the actions of another party, you should not have to pay for your injury-related losses.
For help with your case, call the Strong Arm of Loncar Lyon Jenkins today. We work on a contingency fee basis, so you do not have to pay anything until we reach a settlement in your case.