In Texas, you have two years from the date of your injury to file a non-subscriber work injury claim against your employer. However, you must act quickly and contact a Dallas work accident attorney to protect your legal rights. Building a strong case takes time, and any delays could impact your ability to recover the compensation you need to get your life back on track.
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Non-Subscriber Work Injury Claims
In Texas, private employers are not required to carry workers' compensation insurance. Companies that opt out of providing workers' comp coverage are called non-subscribers.
You can't file a workers' compensation claim if you're injured while working for a non-subscriber employer. Instead, you must file a non-subscriber work injury claim to seek compensation for your medical expenses, lost wages, and other losses.
Deadline for Filing a Non-Subscriber Work Injury Claim in Texas
Texas Civil Practice and Remedies Code section 16.003 sets a two-year statute of limitations for personal injury lawsuits, including non-subscriber work injury claims. This means you must file your claim within two years of the date you are injured, or the court will almost certainly dismiss your case.
There are a few exceptions to this strict filing deadline. For example, if your employer requires employees to sign an arbitration agreement for work-related injuries, the arbitration agreement may govern the time to bring a claim. Each agreement is different, and your time to pursue a claim may be shorter than two years.
Because the deadlines for non-subscriber work injury claims are so strict and unforgiving, it's essential that you discuss your case with an experienced attorney like Warren Armstrong as soon as possible.
Why to Contact a Work Injury Lawyer as Soon as Possible
Although you have two years to file a non-subscriber work injury claim, you should immediately speak to an experienced attorney. Here's why:
- Gathering evidence takes time. Your lawyer will need to collect accident reports, medical records, witness statements, and other documentation to support your claim. The sooner they can get started, the better.
- You need to focus on your recovery. Dealing with the physical, emotional, and financial impact of a severe work injury is stressful enough. Let your attorney handle the legal details so you can focus on getting better.
- There may be exceptions to the statute of limitations. In limited circumstances, you may have more or less than two years to file your claim. A knowledgeable work injury attorney can evaluate your case and ensure you don't miss any critical deadlines.
Why Hire a Work Injury Lawyer for a Non-Subscriber Claim
Navigating a non-subscriber work injury claim is complex. Here are a few key reasons why you need an experienced attorney in your corner:
- Proving negligence is challenging. In a non-subscriber claim, you must prove your employer's negligence caused your injuries. This requires extensive evidence and a thorough understanding of Texas workplace injury laws.
- Your employer may dispute your claim. Non-subscriber employers and their insurance companies often fight work injury claims to avoid liability. A skilled lawyer can stand up to their tactics and advocate fiercely for your rights.
- Calculating your damages is complicated. You're entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. An experienced work injury attorney can accurately assess your losses and fight for the maximum compensation possible.
- You may need to go to trial. If the insurance company doesn't offer a fair settlement, your lawyer can take your case to court and argue for a favorable verdict from a judge or jury.
What Happens if You Miss the Deadline to File a Non-Subscriber Work Injury Claim
If you fail to file your non-subscriber work injury claim before the two-year statute of limitations expires, the court will almost certainly dismiss your case. You'll be unable to recover compensation for your injuries and losses.
Don't let this happen to you. The sooner you contact an experienced DFW work injury attorney, the better.
Contact Our Dallas Work Accident Lawyer
Armstrong Law is committed to building strong cases and securing recoveries for non-subscriber work injury clients in the Dallas-Fort Worth area. Ready to take the next step?
Complete our contact form by clicking the button above to request a free initial consultation. For immediate assistance, call us at (866) 932-1288. You pay nothing unless we win your case.