Time is Limited to File Your Claim

Texas law generally gives you two years from the date of your oilfield accident to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). If you have a workers' compensation claim, stricter deadlines apply: you generally must report the injury to your employer within 30 days and file your claim within one year (Tex. Lab. Code §§ 409.001, 409.003). Missing these deadlines can generally cost you the right to compensation, regardless of how strong your case is.

A few situations can change this timeline:

If your employer is a non-subscriber to workers' compensation, your claim generally proceeds as a civil negligence lawsuit under the two-year deadline instead of the one-year workers' comp deadline.

If a government entity or public pipeline right-of-way was involved, much shorter notice deadlines, sometimes as little as six months, may apply.

If a responsible company leaves Texas after the accident, the time it spends out of state may not count toward the two-year limit.

Insurance companies and employers know these deadlines, and some slow-walk negotiations hoping you'll run out of time. Speaking with a lawyer early protects your right to file, even if you're not ready to make a decision about your case. Don't wait. Schedule your free case evaluation with Ryan Orsatti Law today.