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Blogs 2018 June How to File a Workers' Comp Claim in Texas
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How to File a Workers' Comp Claim in Texas

Posted By Law Office of James M. Stanley || 27-Jun-2018

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.

Categories: Workplace Injuries

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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* James Stanley is the only attorney of the Law Office of James M. Stanley that has been inducted into the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum

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