Report Your Injury Promptly
The Texas workers' compensation claim process begins with prompt injury reporting. Notify your employer within 30 days of the injury in writing or when you first recognized an illness was work-related. While verbal notification is better than nothing, written documentation creates a verifiable record. Include the date, time, location, and circumstances of the injury, along with any witnesses. Keep a copy of this notification for your records. Delayed reporting can provide grounds for claim denial, so timely notification is critical for protecting your rights.
Seek Appropriate Medical Treatment
After reporting your injury, seek medical care from an authorized provider within the insurance carrier's network. Texas operates under a network system where you must generally select a treating doctor from your employer's insurance network unless you received emergency treatment. If your employer is non-subscribing (not participating in workers' compensation), you have more freedom in selecting medical providers. During your medical visit, clearly explain that your injury happened on the job and provide details about how it occurred. Request written documentation of your diagnosis, treatment plan, and any work restrictions.
Complete Required Forms
To officially initiate your claim, you must file Form DWC-041, which is the Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, with the Texas Department of Insurance, Division of Workers' Compensation. This form must be submitted within one year of the injury. Complete all sections thoroughly, providing detailed information about your injury, employment, and medical treatment. Submit the form via mail, in person, or online through the DWC website. Your employer should file their First Report of Injury (DWC-001) form, but their failure to do so doesn't prevent you from filing your claim.
Follow Up and Appeal Rights
After filing, you'll receive a claim number and tracking information. Monitor your claim's progress through the DWC system or your employer's insurance carrier. If your claim is denied, you have the right to request a Benefit Review Conference by filing a DWC-045 form. This initiates the formal dispute resolution process. Consider seeking legal representation if your claim is denied or benefits are inadequate. Texas allows 45 days to appeal most adverse decisions, so act promptly if you receive a denial notice.