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How to File a Workers' Comp Claim in Texas

When an unexpected accident happens at work, which results in a serious bodily injury, Texas residents are eligible to file a workers’ compensation claim to cover their medical expenses, vocational rehabilitation, and/or lost wages. However, most workers who were injured on the job believed their injuries would heal naturally, felt they weren’t prepared for the process, or failed to do anything. The following are the steps you should take when you suffer an injury at work:

Report the Injury Right Away

As soon as a work injury occurs, it needs to be reported to your employer immediately. The best way to report an incident is by written statement. In Texas, injured workers have 30 days to report an injury to their employer. Failure to do so results in the injured worker losing their right to workers’ compensation benefits.

Even though an injured worker has 30 days to file a claim, insurance companies generally deny claims that weren’t reported immediately after the injury occurred. For example, if an injury was sustained on a Friday, but the individual waited until Monday to report the injury because no work was scheduled over the weekend, the employers and insurance carriers can claim that the injury occurred recreationally over the weekend.

Receive Medical Attention

No matter how minor or major the injury may be, an injured worker needs to obtain medical attention. Not only is it important to seek treatment for the injury, but also to establish any sort of evidence that the injury occurred on the date an individual files the claim.

Once an injury is reported to the employer, manager, or supervisor, he or she will generally send you to one of the company doctors. Even though it is completely acceptable to be treated by their doctors, it’s in an injured worker’s best interests to see their won, since the company’s doctors are looking for the best interests of the company. In Texas, injured workers are able to choose their own doctors.

File a Workers’ Compensation Claim

Once an injured worker fulfills the previous two steps, he or she has one year to file a claim with the Division of Workers’ Compensation. Form DWC-041 needs to be completed and can be found at the local Division office.

Remember to ask for a copy of the completed form for your own personal file once you submit it. The Division will then stamp you file and declare it as “received.” Accomplishing all three of these steps will satisfy all of the legal requirements to have workers’ comp in Texas.

Contact QualCare Rehabilitation and learn more about our treatment services for those on workers’ compensation.