Legal Question in Workers Comp in Texas

Re: Is there a time limit for employees to report incidents

Thirty days..unless the employer has actual knowledge...then report may not be required..call us as we handle work comp cases

Re: Is there a time limit for employees to report incidents

Thirty days..unless the employer has actual knowledge...then report may not be required..call us as we handle work comp cases

Re: Is there a time limit for employees to report incidents

Yes. There are TWO very important deadlines.

The first is the 30 day deadline. It requires the Employee to inform his direct supervisor that he\she "HAS BEEN HURT ON THE JOB". This deadline can be done verbally, BUT I recommend it be done in writing as that method will keep the Supervisor from "forgetting" what he has been told or just plain "lying" about it.

The second is the Written Notice requirement through which teh injured employee informs the Workers' Compensation Division of the Texas Department of Insurance of the time, date, manner and scope of their injuries.

BOTH deadlines must be met. There is a VERY narrow "Good Cause" exception to both these deadlines. Do not try the Good CAuse exception on your own. Consult with a Qualified Attorney near you regarding that exception. It must be handled very carefully.

Lastly you should know that these Deadlines apply to both Injuries and Occupational Diseases. When one is dealing with the Occupational Disease (see separate definition @ Sec. 401.011 (34) of the Texas LAbor Code)the notices must be within 30 days and 1 year, respectively, of the date the injured worker KNEW or SHOULD HAVE KNOWN.

Like the Good Cause exception discussed above, an injured worker consult with a Qualified Attorney near you regarding the application of that special rule as it too must be handled very carefully.

Bear in Mind there is NO FREE LUNCH or special exception for not knowing the Law.

If you like these pro insurance \ pro employer Workers' Compensation Statutes and Rules keep voting "Republican." They are the folks who brought them to you back as early as 1989.

Good Luck to you.