Is My Employer Required To File A Workers Comp Claim For Me?

Is my employer required to file a workers comp claim for me?

Answer: No. The employer is not required to file a claim on your behalf. You must complete state form DWC-41 “Employee’s Claim for Compensation for A Work-Related Injury or Occupational Disease” in order for your claim to be filed. You must do this yourself. You may also have your attorney complete the form and submit the form on your behalf.

** NOTE *** A Texas worker who has suffered a work-related injury or illness must file a claim with the Texas Department of Insurance, Division of Workers’ Compensation within one year from the date of the injury or the date that the employee knew (or should have known) that their work-related illness was job-related.

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Houston, Texas 77034

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Abbott & Associates attorneys are licensed only in the state of Texas unless otherwise indicated in the biographical section. Past performance is no guarantee of future results. We consider employment in another State only in association with co-counsel licensed in that State. References to laws are limited to federal and State of Texas law.