How Long Do You Have to File a Construction Accident Claim in Texas?
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Why Deadlines Matter After a Construction Accident
Construction sites are some of the most dangerous workplaces in Texas. Falls, struck‑by incidents, electrocutions, and equipment failures can leave workers with life‑changing injuries. But even the strongest case can fall apart if you miss the legal deadline to file your claim.
Texas law sets strict time limits for filing construction accident claims — and once the deadline passes, you may lose your right to compensation entirely. At MLF Legal, our construction accident lawyers help injured workers act quickly, preserve evidence, and protect their claims before the clock runs out.
The General Deadline: Two Years From the Date of the Accident
In Texas, most construction accident injury claims must be filed within two years of the date of the accident. This deadline applies to:
- Personal injury lawsuits
- Nonsubscriber employer negligence claims
- Third‑party liability claims
- Product liability claims involving defective equipment
Missing this deadline usually means the court will dismiss your case, no matter how severe your injuries are.
Deadlines for Different Types of Construction Accident Claims
1. Workers’ Compensation Claims (If Your Employer Carries Coverage)
Texas employers are not required to carry workers’ comp, but many do. If your employer is a subscriber:
- You must report your injury within 30 days
- You must file a workers’ comp claim (DWC‑041) within one year
Workers’ comp deadlines are shorter and more rigid than civil lawsuit deadlines.
2. Nonsubscriber Employer Negligence Claims
If your employer does not carry workers’ comp, you may sue them directly for negligence. These claims follow the two‑year statute of limitations.
Because nonsubscriber employers lose key defenses (like assumption of risk), these cases can be strong — but only if filed on time.
3. Third Party Construction Accident Claims
You may have a claim against a third party:
- Subcontractors
- Property owners
- General contractors
- Equipment manufacturers
- Safety companies
These lawsuits also follow the two‑year deadline, but early investigation is critical because multiple companies may be involved.
4. Wrongful Death Claims After a Construction Accident
If a loved one was killed on a construction site, surviving family members generally have:
- Two years from the date of death to file a wrongful death lawsuit
Wrongful death cases often involve employer negligence, third‑party liability, or OSHA violations — and require fast action to preserve evidence.
FAQ's How Long Do You Have to File a Construction Accident Claim In Texas
Most personal injury claims must be filed within two years of the accident. Missing this deadline usually means losing your right to compensation.
Yes. Nonsubscriber lawsuits also follow the two‑year statute of limitations, but early action is critical because evidence disappears quickly.
Third‑party claims — such as against subcontractors or equipment manufacturers — also follow the two‑year deadline.
Families generally have two years from the date of death to file a wrongful death lawsuit.
Yes. Certain cases involving minors, incapacitation, or fraudulent concealment may extend the deadline, but these exceptions are rare.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
Why You Shouldn’t Wait to File Your Claim
Even though Texas gives you two years, waiting is risky. Evidence disappears quickly on construction sites:
- Scaffolding is removed
- Equipment is repaired or replaced
- Witnesses move on to other job sites
- Surveillance footage is overwritten
- Employers “clean up” safety violations
The sooner you contact a lawyer, the stronger your case will be.
What Can Shorten or Extend the Deadline?
Shorter Deadlines
- Government‑owned construction sites may require notice within 6 months
- Workers’ comp reporting deadlines (30 days)
Possible Extensions (Rare)
- The injured worker is a minor
- The worker was mentally incapacitated
- Fraudulent concealment by the employer
These exceptions are narrow and fact‑specific — never assume you qualify without legal advice.
What to Do If You Think You’re Running Out of Time
If you’re approaching the deadline, take these steps immediately:
- Get medical treatment
- Gather any documents you have
- Write down what happened
- Contact a construction injury lawyer
- Do not give statements to insurance adjusters
MLF Legal can often file emergency petitions to preserve your rights if the deadline is near.
Speak With a Texas Construction Accident Lawyer Today
If you were injured on a construction site, don’t wait until it’s too late. The sooner you act, the stronger your case will be.
📞 Call MLF Legal at 214‑357‑1782 We have construction accident lawyers in Dallas and Fort Worth.
💻 Or fill out our online form below for a free consultation
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Call MLF Legal today
214-357-1782
Fill out our online form
for a free consultation.
We only get paid if we win your case.