How To File A Workers Comp Claim
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 look out 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 using 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.
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 Fort Worth attorney at
the Law Office of James M. Stanley help you.
For more information,
contact us and schedule a
free consultation today.