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

Frequently Asked Questions

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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