Filing A Texas Workers’ Compensation Claim
The Injured Worker’s Responsibility
After a work-related injury or illness (and in addition to the employee’s duty to report the injury or illness to the employer within 30 days) the employee has a duty to file a claim with the Texas Department of Insurance Division of Workers’ Compensation. The employee must file this claim within one year of the injury, or within one year of knowing or should have known, that the illness was work-related.
Even if the employer notifies the insurance carrier of the injury, and even if the workers’ comp insurance carrier has started paying for medical care or income benefits, this does not remove the employee’s duty to file a claim with the state within a year. Failing to file a claim within one year almost always results in the injured (or ill) employee losing any eligibility to receive medical care or income benefits for their work-related injury or illness.
How To File The Claim
A claim can be filed by calling the Texas Department of Insurance Division of Workers’ Compensation and informing them that you have been injured and that you need to file a claim. The Division will mail a packet to you with forms to complete and instructions on how to complete the required paperwork. Once you have completed the DWC Form-041, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease and mail it to the appropriate address, then you will have fulfilled your requirement of filing a claim for Texas Workers’ Compensation benefits.
Texas Workers’ Compensation laws are complex and impact many areas of an injured workers’ life and future. The insurance carrier has one goal: to limit or dispute your medical care and your entitlement to income benefits. Call 888-434-COMP (888-434-2667) and talk to our hard-working, experienced workers’ comp lawyers. You owe it to yourself to talk to an attorney who can help you understand your rights, responsibilities and options in this difficult time of your life. The call is free, there is no obligation, and all conversations are kept strictly confidential. Call today.
Important To Remember
Properly completing the claim paperwork is very important. The insurance carrier will look over every aspect of your claim to look for ways to limit or dispute your entitlement to workers’ compensation benefits. Every piece of information supplied on the claim form is subject to question and admissible in dispute proceedings. If you have any questions whatsoever about how to complete these documents, call an experienced workers’ comp lawyer
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Abbott, Clay & Bedoy 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.