How Long Do I Have to File an Oilfield Injury Claim in Texas?
Two years to file a lawsuit in most cases, under Texas Civil Practice and Remedies Code 16.003. Workers' comp moves faster: report the injury to your employer within 30 days and file your claim with the Division of Workers' Compensation within one year. Some claims have shorter deadlines, and the evidence you need is usually gone long before any of them.
Most injured oilfield workers think they have two years and plenty of time. Two years is the outside limit for one kind of claim. Several other clocks start the day you get hurt, and a couple of them are measured in days.
The Clocks That Start the Day You're Hurt
Nonsubscriber plan report
Some private injury plans require you to report before the end of your shift or within 24 hours.
Notify your employer
Texas Labor Code 409.001. Required to protect a workers' comp claim.
Notice to a government entity
Texas Tort Claims Act 101.101, if a city, county or state vehicle or employee was involved. Some cities require notice even sooner.
File your comp claim
Texas Labor Code 409.003. File with the Division of Workers' Compensation.
File a lawsuit
Civil Practice and Remedies Code 16.003. Covers suits against third parties, nonsubscriber employers and wrongful death claims.
Product liability cutoff
Civil Practice and Remedies Code 16.012. A defective equipment claim generally can't be brought more than 15 years after the product was sold.
Workers' Comp Deadlines
If your employer carries comp, two deadlines protect your benefits.
Report the injury within 30 days
Tell your supervisor or someone in management. Do it in writing if you can, even a text, and keep a copy. If the injury is an occupational disease, like a lung condition from silica or chemical exposure, the 30 days starts when you knew or should have known it was tied to your work. A late report lets the carrier deny the claim unless you had good cause.
File your claim within one year
Your employer reporting the injury to its carrier is not the same as you filing a claim. File your own claim with the Texas Division of Workers' Compensation within one year of the injury. Once the carrier gets written notice, it generally has 15 days to start paying or deny, and 60 days to dispute that the injury is covered.
Comp disputes move fast
If the carrier denies your claim and you lose at a hearing, the window to appeal is short, often 15 days. Get help before a hearing, not after.
Lawsuit Deadlines
Any lawsuit for your injury generally has to be filed within two years of the accident. That includes a suit against the operator, another contractor, a trucking company, an equipment maker or a nonsubscriber employer. Read more in third party claims and comp liens and nonsubscriber employers.
Two years means filed in court, not a phone call to the insurance company and not a demand letter. Negotiating with an adjuster does not stop the clock.
Wrongful death
A wrongful death lawsuit generally must be filed within two years of the date of death, which can be later than the accident if the worker died after a stay in the hospital. That includes a family's gross negligence claim against a covered employer. See your family's rights after an oilfield death.
When the clock can pause
Texas pauses the two years in a few situations. The big ones:
Courts apply these narrowly. A worse diagnosis six months later usually doesn't restart anything, because the clock runs from the accident, not from when you learned how bad it was.
The Deadline Nobody Writes Down
The statute gives you two years. The location doesn't. Here's what's usually gone long before your deadline:
The rig. It moves to the next well, sometimes within days, and the scene changes with it.
The equipment. Failed parts get repaired, replaced or scrapped unless someone demands they be kept.
The data. Pressure logs, gas readings, truck ELDs and camera footage get written over.
The crew. Hands change companies, move basins and stop answering their phones.
A preservation letter sent early puts the companies on notice that they have to keep the evidence. Sent late, there may be nothing left to keep.
What to Do This Week
For the full checklist, see what to do in the first 24 hours after an oilfield accident.
Their Clock Is Shorter Than Yours
Federal rules require employers to report serious injuries to OSHA within hours. Their investigation, and their defense, starts the same day.
Fatality Report
An employer must report a work related death to OSHA within 8 hours under 29 CFR 1904.39.
Serious Injury Report
An inpatient hospitalization, amputation or loss of an eye must be reported to OSHA within 24 hours.
Before the Rig Moves
Rigs and crews often move to the next location within days, taking the scene with them.
More on Oilfield Injury Deadlines
What is the statute of limitations for an oilfield injury in Texas?
Two years from the date of injury for most personal injury lawsuits under Texas Civil Practice and Remedies Code 16.003. A wrongful death lawsuit generally must be filed within two years of the date of death.
How long do I have to report an oilfield injury to my employer?
Under Texas Labor Code 409.001, you must notify your employer within 30 days of the injury to protect your workers' comp claim. Nonsubscriber benefit plans can set much shorter deadlines, sometimes the end of your shift.
What happens if I miss the deadline?
A lawsuit filed after the statute of limitations runs will almost always be dismissed, no matter how strong the case is. A late comp report or claim can let the carrier deny benefits unless you had good cause.
Does the deadline start over if my injury gets worse later?
Usually no. The clock generally starts on the date of the accident, not when you learn how serious the injury is. Texas applies the discovery rule only in narrow situations, so don't count on it.
See all of our oilfield injury questions, or read about workers compensation versus a lawsuit in Texas.
Texas Labor Code Chapter 409 · Civil Practice and Remedies Code Chapter 16 · Texas Tort Claims Act, Chapter 101 · OSHA 29 CFR 1904.39
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship.
Two Years Goes Fast.
Evidence Goes Faster.
The companies involved started building their defense the day of the accident. Talk to a Board Certified oilfield injury lawyer while the rig, the equipment and the crew can still be found.