Doctor looking at his patient while holding her hand in hospital ward

How to File a Worker’s Comp Claim

Doctor looking at his patient while holding her hand in hospital ward

When you are injured at work, your employer’s workers’ compensation insurance may cover the cost of your medical bills, lost wages, and associated expenses. Sometimes, filing the correct paperwork and managing your claim can be complicated. Follow these steps to file a workers’ comp claim in Texas.

Determine Coverage

Although workers’ compensation insurance is mandatory in most states, Texas does not require employers to have this type of policy. You can check with your company or search the state’s database to determine whether you have access to workers’ comp coverage.

Report Your Injury

You must tell your employer about the injury in writing within 30 days to be eligible for benefits. For injuries that don’t show symptoms immediately, such as repetitive stress damage, the 30-day period starts when you learn the issue is work-related. Report the injury as soon as possible.

Seek Medical Care

Some workers can see any doctor approved by the Texas Division of Workers’ Compensation. Others must see a workers’ compensation doctor within their employer’s insurance network. Either way, document all medical care associated with your injury and any costs accrued while seeking care and recovering.

Complete State Paperwork

File state DWC Form-041 either online or by mail. You must complete the required paperwork within a year of your injury to remain eligible for benefits. After receiving the form, the DWC will notify your employer and its insurer of your injury. Then, the insurance company will either accept the claim and pay your benefits or deny it.

Get Additional Help

You have the right to appeal a denied workers’ compensation claim. After requesting an appeal, you will be scheduled for a benefit review conference, followed by a hearing with a Texas workers’ compensation judge.

In some cases, you can seek legal action against the insurance company and/or your employer. This route is also available if your company does not have workers’ compensation insurance and you suffer an injury at work.

K. Mathew Warnock, MD, provides thorough documentation and high-quality medical care for clients who have been injured at work. Dr. Warnock specializes in orthopedic surgery and sports medicine, certified by the American Board of Orthopedic Surgery. His work includes the diagnosis and treatment of ACL, meniscus, and rotator cuff injuries. Call 281-807-4380 or complete our online form to schedule your consultation today.

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