A workplace injury can be catastrophic, leaving you with physical, emotional, and financial burdens. If you have been injured at work and have questions about how long you have to file a claim and what happens after you file, you are in the right place. I’m Knox Nunnally, a personal injury attorney in Houston, Texas, and alongside my law partner Matt Allen, we fight for the rights of injured Texans, especially those who have suffered injuries in the workplace.
Filing a Claim for Workplace Injuries
One of the most common questions we receive is, “How long do I have to file my claim after I am injured?” In Texas, it’s crucial to understand that there is a statute of limitations, which dictates how long you have to file a claim for any action in a lawsuit, including workplace injuries.
Statute of Limitations
In Texas, the statute of limitations for filing a workplace injury claim is two years. This means that starting from the day you are injured, you have two years to file your claim. If you fail to do so, you lose your right to claim damages against those who injured you. This is why it is essential to consult with and retain an attorney as soon as possible after your injury.
What is a Negligence Claim?
A negligence claim arises when someone fails to uphold their duty to keep you safe in the workplace, resulting in your injury. This failure can occur through either action or inaction, whether it is due to poorly maintained equipment, lack of training, or failure to enforce safety rules. If you are injured due to someone else’s negligence, you may have a claim against your employer, contractors, or other individuals who contributed to your injury.
Types of Compensation You May Be Entitled To
If you have a valid negligence claim, you may be entitled to compensation for various damages, including:
- Lost wages: Compensation for the income you lost due to your injury.
- Medical bills: Coverage for medical expenses related to your injury.
- Pain and suffering: Compensation for the physical and emotional distress caused by your injury.
Steps to Take After a Workplace Injury
If you are injured on the job, here are the steps we recommend:
- Consult with an Attorney Immediately: It’s crucial to get legal representation right away to help investigate the incident and protect your rights.
- Investigation of the Incident: Your attorney should begin investigating the circumstances of your injury as soon as possible, consulting witnesses and gathering facts while they are still fresh in people’s minds.
- Filing Your Lawsuit: Once your attorney has conducted an initial investigation, they will file your lawsuit, typically in the county where the incident occurred or where your employer has their headquarters.
- Discovery Phase: After filing, both parties will engage in the discovery process, where attorneys ask questions, request documents, and interview witnesses to uncover what happened. This phase can take between 6 and 18 months.
- Settlement or Trial: Most cases in Texas do not reach the trial stage until 18 months to 2 years after filing. However, many cases settle before going to trial, where both parties agree on a compensation amount for your injuries.
Why You Need an Attorney
Workplace injuries can be complex, especially in industries like oil and gas. Having an attorney who understands the nuances of these environments is invaluable. They can help you evaluate the strength of your case, understand its value, and navigate the legal process effectively.
At Allen & Nunnally, we have the experience necessary to assist you with workplace injury claims. We are committed to investigating and trying these cases to ensure you receive the compensation you deserve. Remember, with Allen & Nunnally, you will have no better friend against those who injured you and no worse enemy for them.
If you have been injured at work, do not wait. Contact us today to learn more about how we can help you navigate the complexities of your workplace injury claim. Your rights and future depend on taking action now.