Time Limitations for Port Arthur Refinery Explosion Lawsuits

Port Arthur refinery explosion lawsuits must be filed within the allowed timeframe based on the type of injury and cause. Victims who are filing a workers’ compensation claim may need to alert their employer of the injury within 30 days of the incident occurring. In personal injury cases, such as those filed by non-employees, you have two years from the date of the injury to file a lawsuit. Failing to adhere to these time limitations means you may be unable to seek any damages. Speak with an oil refinery explosion lawyer about your case.

Time Limits Related to Workers’ Compensation Claims in Texas

In Texas, workers hurt on the job may file a workers’ compensation claim to recover their medical expenses and, in some cases, lost wages. However, there are strict timeframes that you must meet around this filing process under Texas law.

You must alert your employer to the injury within 30 days of when it occurred. In an ideal situation, your employer knows about the accident at the time it occurs. With explosions, that may be obvious. However, filing a formal notice of your injury is an important step in protecting your rights.

You must file your workers’ compensation claim within one year of the incident. This is when you must file a claim that includes any losses you believe you have. If you miss this deadline, the agency may not pay for your losses. There are very limited circumstances in which a deadline extension is possible, such as in situations like:

• Employer fraud
• Mental incapacity
• Some types of occupational diseases that develop later
• If the employer fails to file their required notice of injury to the state

If you are hurt, do not wait to alert the employer and then document your losses. This is also a good time to speak to a workers’ compensation attorney in Port Arthur for hands-on support.

Time Limitations on Income Benefits

Another important time limitation to consider relates to recovering lost wages. Under the law, the following applies:

• You cannot seek compensation for the first 7 days of missed work.
• If your injury extends more than 14 days, you can then receive compensation for that first week.
• Impairment income benefits will begin after you reach maximum medical improvement, meaning your doctor does not believe you will improve further, and you receive an impairment rating.

Do not go back to work until your doctor tells you that you should. If you are struggling to receive income benefits outside of these time limits, reach out to a workers’ compensation attorney in Port Arthur.

Non-Employee Related Timelines

Some people suffering injuries from a Port Arthur refinery explosion are not employees, and therefore can file a lawsuit against those responsible. However, you must act quickly to do so. The Texas statute of limitations for these types of injuries and losses is two years from the date of the injury.

There are some exceptions to this rule, such as in cases of mental incapacitation or when the victim is under the age of 18. However, you should not count on these exceptions. Take action sooner to seek legal guidance.

Working with an Attorney Protects Your Rights

The time limitations for Port Arthur refinery explosion lawsuits can be confusing, especially if you are unsure what your losses are. Set up a free consultation with a workers’ compensation attorney to review your rights.