If you suffer an injury on the job in Texas, you can seek compensation
from your employer. However, it is critical to determine whether or not
your employer has workers’ comp insurance since Texas is one of
the only states that does not require employers to carry such insurance.
Once a
workplace injury occurs, Texas workers must do the following three things:
-
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.
-
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 like 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.
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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 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.