Some Texas Non-Subscribers Are Now Requiring that Employees Sign Arbitration Agreements with a 180-day (6 months) Statute of Limitations for Work Injuries
How will You know if your Work Injury is Subject to a 6-month SOL?
Yes, that means you could have only 6 months to file your lawsuit as opposed to having 2 years as is typically the case under Texas Law. If you’ve been injured on the job working for a Texas employer, you need to act quickly to figure out the answer to the following two questions:
- Does your employer have Texas Workers’ Compensation Coverage or are they a Texas Non-Subscriber? (Don’t assume that you know the answer to this based on the forms you have in your possession)
- If my employer is a Texas Non-Subscriber to the Workers’ Comp, then, how much time do I have to file a claim for my injury and damages?
Don’t Wait Until You Lose Your Rights to Get Help!
Don’t waste time! Don’t sleep on your rights! Don’t hesitate to seek legal advice until your treatment or benefits are denied. Time is not your friend! Some Texas Non-Subscriber employers will provide you with benefits right until after the statute of limitations for the injury expires and you know longer have a right to file a lawsuit against them. They figure that if they keep you happy, by providing benefits, you won’t have any reason to think that you should sue your employer for injuries and limitations that you may still have. Once the statute of limitations expires, you are then forever barred from filing any claim related to your injury.
So how long do you have to file a lawsuit against a Texas Non-Subscriber?
It depends. We’ve seen Arbitration agreements that use that Texas 2-year limitations period and we’ve seen it changed to 1-year from the date of the incident and now, THERE ARE ARBITRATION AGREEMENTS OUT THERE THAT SAY YOU MUST FILE YOUR CASE WITHIN 180 DAYS! This means you only have 6 months from the day of your accident to file a lawsuit!
You should be aware of if you work for a Texas Non-subscriber is that these companies typically require employees, at the time of hiring, to sign an arbitration agreement where the employee agrees that certain work disputes that may come up during employment, such as a work injury, must be submitted to ARBITRATION. This means that the employee is waiving the right to file a personal injury lawsuit in State or Federal Court. Instead, the case will be presented to an arbitrator who is usually a retired judge or a lawyer for many years of experience in work injury law.
Generally, the arbitration agreements will incorporate Texas law when it comes to how much time you have to file the work injury claim in arbitration. This means that you could have 2-years to file your lawsuit against your employer. But, in more recent years, Texas Non-Subscribers have created a new obstacle for injured workers. These companies are now requiring employees to sign arbitration agreements that change the statute of limitations on the work injury claim from 2 years to 6 months!
Most of the time, an injured worker is still being treated after a few months and would have no reason to think they are about to lose all rights to file a lawsuit for their injuries. Therefore, the point is, you do not want to have to face this extra hurdle in a work injury case. While there are ways to fight the 6 month statute of limitations, there are no guarantees that an arbitrator will not throw out your case and that you’d lose your rights in your case. This is why it is important that you don’t wait to seek legal advice early and to get help so your Texas Work Injury lawyer can get a copy of the applicable Arbitration agreement as soon as possible.
If you’ve been injured on the job and don’t know if you’ve signed an arbitration agreement changing the statute of limitations to file a lawsuit from 2 years to 6 months, call Texas Non-Subscriber Attorney Hector L. Sandoval and get the representation that you deserve! Sandoval Law Firm, PLLC helps injured workers. Put up a fight and don’t give up on your rights!
At Sandoval Law Firm, our focus is on making sure you understand your injury and legal rights! Call us at (346) 347-7777 to discuss your case.