Texas Workers Comp Statute of Limitations
Missing this deadline doesn't just slow your claim down — in most cases, it ends it. Texas law sets a hard cutoff for filing, and insurers know exactly how to use a missed date against you.
Filing Deadline
1 year
From the date of injury. Some exceptions apply — see tolling rules below. Not legal advice.
Why This Deadline Exists
Texas sets this deadline to keep the system functional for everyone — employers need certainty about how long they're exposed to a claim, and injured workers need a predictable window to act within.
When the Deadline Can Be Extended
A handful of situations can extend — or 'toll' — this deadline. Occupational diseases that develop gradually often get a discovery-rule exception, starting the clock when the condition is diagnosed rather than when the underlying exposure began. Claims involving minors, and cases where an employer concealed the injury or fraudulently discouraged a claim, may also toll the deadline. These exceptions are narrow and fact-specific — don't assume one applies without confirming it with Texas's workers comp agency or an attorney.
What Happens If You Miss It
Once Texas's deadline has passed, reopening the claim is rarely possible through the normal process. A small number of narrow exceptions exist (see tolling rules above), but for most missed deadlines, the right to benefits for that injury is gone.
Texas Workers Comp Rules
- Waiting period: 7 days
- Attorney contingency fee: 25%
- State agency: Texas Division of Workers' Compensation (DWC)