Texas Workers’ Compensation Claims

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UPDATED: Jul 16, 2021

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Written By: Jeffrey JohnsonUPDATED: Jul 16, 2021Fact Checked

A Texas workers’ compensation claim can be filed by a worker or a worker’s relative when they have been injured at work or become ill because of occupational hazards. Texas workers’ comp provides employees with replacement income while they recover from diseases or injuries sustained on the job, and can give relatives of an injured worker death benefits and lost wages if that worker passes away. If you have been injured at work, note that you should file your claim for workers’ compensation with the Texas Division of Workers’ Compensation. It’s also a good idea to consider hiring a Texas workers’ comp attorney. Filing a claim for workers’ comp can be a drawn out and stressful process and a Texas workers’ compensation lawyer can ease the stress of this process and help you get your workers’ comp benefits quickly. 

Process for Texas Workers’ Compensation Claims

Report Your Injury to Your Employer

Because your employer’s workers’ compensation insurance carrier pays out on workers’ comp claims, you must make sure to notify your boss that you have been injured at work. In Texas, you have 30 days from the date you were injured to tell your boss about the injury; otherwise, you may not receive Texas workers’ compensation benefits.

Immediately Seek Medical Attention

Don’t delay in getting medical help for your injury or illness. Communicating to your boss and to your doctor that you have been injured will help you facilitate your claim down the road, as well as minimize the harm from the injury itself.

Submit Your Claim for Workers’ Compensation

Complete and submit a Form DWC041 Claim for Compensation with the Texas Division of Workers’ Compensation after you are injured on the job. It is essential to note that you must file your workers’ comp claim within one year from the date of your injury, or you will not be able to file a claim or receive workers’ comp benefits, such as medical care and money for lost wages from your injury or illness.

If you have questions or concerns about filing a Texas workers’ comp claim, it’s in your best interest to consult a Texas workers’ compensation lawyer to preserve your rights.

Reasons to Hire a Texas Workers’ Compensation Attorney

There are numerous reasons why it would be helpful to have a Texas workers’ compensation attorney at your side when you file a claim for workers’ comp benefits. For example, because Texas is one of the few states that does not require employers to carry workers’ compensation insurance, your employer may not have workers’ compensation insurance, or may be under-insured.

When this is the case, an employer is less likely to cooperate than under normal circumstances, and may give you trouble – trouble that a qualified Texas workers’ compensation attorney has the expertise to handle and turn into the best possible result for you. Additionally, filing a claim with the Texas Division of Workers’ Compensation can be a tricky process, as can appearing before the Division if your claim is contested. A Texas workers’ compensation lawyer can assist you in developing a strategy for your case and by representing you in front of the Texas Division of Workers’ Compensation, in addition to answering any questions you may have.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

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