How To File For Workers Comp
To file a workers’ compensation claim in Texas first you must determine whether or not your employer has workers’ comp insurance since not all employers are required to carry it. Next, injured workers must report the injury, get medical care, and then file a claim with the Division of Workers' Compensation.
1. Report the Injury Immediately
As soon as the injury occurs, the injured worker must report it to the employer—and someone in a supervisory position or someone in human resources—right away. In Texas, injured workers have 30 days to report an injury, or they can lose their right to workers’ comp benefits.
However, it should be done immediately since insurance companies typically deny claims simply because they weren’t reported as soon as the injury happened. A report to a supervisor can be verbal or written and must describe the general nature of the injury and that it happened on the job.
2. Get Medical Care
Visit a doctor as soon as possible in order to receive immediate medical treatment and document every injury that you think you have. One of the most common mistakes people make is failing to seek immediate medical attention, thinking their injury will likely disappear in time as most aches and pains do.
Once they realize their injury is more serious than they initially thought, there isn’t any evidence of any medical evidence of it. Keep in mind, chances are that the company made you visit one of its doctors, so try to see a doctor of your own choosing since the company’s doctor will lookout for the company’s best interests.
3. File a Claim with the Division of Workers’ Compensation
If you have a workers’ comp claim in Texas, you have one year to file a claim with the Division of Workers’ Compensation in order to collect benefits. You need to file form DWC-041 at the local Division office or use the DWC's electronic filing system and request a copy for your file. The Division will mark your claim as “received” and that will be your proof that you filed the claim.
Call Our Firm if You Have a Claim
On the other hand, if your company does not have workers’ comp insurance, you can sue your employer in court. In order to file a personal injury claim, let our attorney at the Law Office of James M. Stanley help you.
For more information, contact us and schedule a free consultation today.