Making a workers' compensation claim in Texas can be a complex process, but here are the general steps you'll need to take:
Report the injury to your employer: As soon as you are injured on the job, you should report the injury to your employer as soon as possible. This can typically be done by filling out an incident report or by speaking with your supervisor.
Seek medical treatment: You should receive medical treatment as soon as possible after the injury. Your employer should provide you with a list of authorized medical providers, but you can also choose your own doctor. Be sure to tell the doctor that the injury is work-related and provide them with your employer's information.
File a claim with the Texas Division of Workers' Compensation: Once you have reported the injury and received medical treatment, you will need to file a claim with the Texas Division of Workers' Compensation. This can be done by filling out an Employee's Claim for Compensation form (DWC Form-041) and submitting it to the Division along with any supporting documentation.
Attend any necessary hearings or mediation: After you have filed your claim, you may be required to attend a hearing or mediation in order to resolve any disputes that may arise.
Wait for a decision: After the Division has reviewed your claim, they will make a decision on whether to approve or deny your claim. If your claim is approved, you will begin receiving benefits, such as medical expenses and lost wages.
It's important to note that the Texas workers' compensation system is a no-fault system, which means that you do not have to prove that your employer was at fault for your injury in order to receive benefits. However, you do need to report the injury within 30 days and file a claim within one year from the date of the injury or from the last date of payment from your employer.
Additionally, you should consider hiring an attorney as they can guide you through the process, help you to gather the evidence and paperwork, and advocate for you in the event that your claim is denied, or the benefits offered are not enough.
Keith & Lorfing is here to help. Call us today.