How long do I have to file a workplace injury lawsuit in Texas?

Multiple Legal Systems, Multiple Deadlines — All Running Simultaneously

Workplace injury claims in Texas involve overlapping deadlines across different legal systems. Missing any single deadline permanently bars that specific recovery path — even when other claims remain viable. These deadlines run simultaneously from the moment of injury, not sequentially.

Civil Lawsuit Deadline — Two Years From Date of Injury

Tex. Civ. Prac. & Rem. Code §16.003 sets the personal injury statute of limitations at two years from the date of injury. This applies to:

• Non-subscriber employer civil lawsuits in Bexar County District Court
• Third-party negligence claims against GCs, subcontractors, and property owners
• Product liability claims against equipment manufacturers on San Antonio job sites

For latent occupational diseases — silicosis, asbestosis, toxic exposure cancers from Port SA or Toyota plant operations — the discovery rule may toll the two-year period until the date the injured worker received a diagnosis connecting the condition to occupational exposure.

Workers’ Comp Deadlines — Shorter and Stricter

• 30 days to report injury to employer: Required under Tex. Lab. Code Title 5. Failure creates a claim denial risk, though good-cause exceptions exist
• One year to file claim with TDI-DWC: Must be filed within one year of the injury date or last authorized medical treatment. Missing this bars workers’ comp benefits entirely
• Internal TDI-DWC deadlines: Response deadlines for disputing impairment ratings and contesting MMI determinations can permanently forfeit specific benefit rights within an active claim

Government Entity Claims — Six-Month Written Notice

When a government entity or contractor contributed to your injury, the Texas Tort Claims Act requires written notice within six months — an absolute condition precedent to suit:

• City of San Antonio: Written notice to the City Clerk within six months for city facilities, contractors, or city-maintained infrastructure
• VIA Metropolitan Transit: Written notice to VIA within six months for injuries on VIA construction projects or VIA-maintained facilities
• Bexar County: Written notice to the County Judge within six months for county vehicle or county road involvement
• TxDOT contractors: Written notice to TxDOT within six months for highway projects including Loop 1604 expansion and US-281 North

OSHA Retaliation Complaint — 30 Days

Section 11(c) of the Occupational Safety and Health Act gives 30 days from the retaliatory act — termination, demotion, reduced hours, or threats — to file a complaint with OSHA. This deadline is absolute. Wayne Wright advises injured San Antonio workers on retaliation deadlines immediately in every case where employer retaliation is a concern.

Call 210-888-0078 immediately. Wayne Wright acts on every deadline simultaneously from the moment of retention — never letting a shorter deadline compromise a larger recovery path.