When Should You File a Claim After a Workplace Accident?

If you’ve been in an accident at your workplace, it’s important you talk to a personal injury attorney in Austin, TX as quickly as possible to get help with your claim. There are deadlines that must be followed or you’ll lose your right to claim compensation at all.

Many businesses in Texas offer workers’ compensation coverage. With workers’ comp, you typically can’t bring a lawsuit against your employer even if your employer is responsible for your injuries. Workers’ comp will also provide you with compensation even if you are responsible. The point is for injured workers to get coverage for their medical needs and lost income regardless of how the accident happened.You have 30 days from the date that you’re injured to report your injury to your employer. Then, you have a year from the date that you were injured or discovered you were injured to file your workers’ compensation claim. You’ll do this by filling out a DWC Form-041 and sending it to the Texas Division of Workers’ Compensation. It’s always best to have a lawyer’s help with this, not only to make sure your claim is made properly but also to ensure that your employer reports on time and the insurance company responsible for paying your workers’ comp compensation claim follows through.

Other Situations

There are other situations where you can bring a lawsuit or personal injury claim after a workplace accident. The first situation would be if your employer does not have workers’ compensation, and many employers don’t. You can also bring a personal injury lawsuit if your injuries were caused by a defective product that you were using at your workplace. If that product caused your injury when it was still under warranty and being used correctly, for example, you would be able to bring a claim against the manufacturer. You can also bring a claim against a third party, even if you were injured at work, if your injury was caused by someone who did not work for your company.If you’re bringing a personal injury claim against another person, an employer without workers’ compensation, or for a defective product, you have two years to bring your claim. The clock starts either on the day you were injured or the day you become aware that you are injured (there are some cases where victims aren’t aware of their injury until quite a bit later). In the case of product liability, you must bring your claim before the year that the warranty on the product ends.

Talk to a Personal Injury Attorney in Austin, TX

If you’ve been injured in the workplace, there are various avenues open to you for getting compensation, even if your employer does not have workers’ compensation. To explore all your options and get help in filing your claim, contact Shaw Cowart Attorneys at Law LLP in Austin today at 512-842-7085. We serve clients in Austin, San Antonio, Houston, Cedar Park, Round Rock, and throughout the state and nationwide. 

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