Workers' compensation in Texas provides benefits for employees who suffer job-related injuries or illnesses. However, because Texas does not require private employers to carry workers' compensation insurance, the process of obtaining benefits depends on whether your employer is covered. Here's a step-by-step guide on how to get workers' compensation in Texas.
Step 1: Determine if Your Employer Has Workers' Compensation Insurance
Unlike most states, Texas allows employers to choose whether to provide workers' compensation coverage. You can check if your employer has coverage by:
- Asking your HR department or employer directly.
- Searching the Texas Department of Insurance (TDI-DWC) website for your employer's coverage status.
- Reviewing your employee handbook or workplace injury policies.
If your employer doesn't carry workers' comp, they are considered a non-subscriber, meaning you may have to file a personal injury lawsuit to find compensation.
Step 2: Report Your Injury Immediately
- You must report your injury to your employer within 30 days of the accident or the date you discovered a work-related illness.
- Failing to report within this timeframe could result in losing eligibility for benefits.
Step 3: Seek Medical Treatment
- If your employer has a Workers' Compensation Health Care Network, you must visit a doctor within that network.
- If your employer doesn't have a network, you can select any doctor who accepts workers' compensation cases.
- Be sure to tell the doctor that your injury is work-related so they can document it properly.
Step 4: File a Workers' Compensation Claim
To officially apply for benefits, you must submit DWC Form-041 or an (Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease) to the TDI-DWC or the Texas Department of Insurance, Division of Workers' Compensation.
- You must file the claim within one year of the injury.
- You can submit the form online, by mail, or in person at a TDI-DWC office.
Step 5: Receive a Claim Decision
The insurer will review your claim and choose whether to approve or deny benefits. If approved, you may receive:
- Medical benefits (covers treatment costs).
- Income benefits (replaces lost wages after a seven-day waiting period).
Step 6: Appeal If Your Claim Is Denied
If your claim is denied for any reason, you can request a Benefit Review Conference (BRC) with TDI-DWC to dispute the decision.
Conclusion
Getting workers' compensation in Texas requires timely reporting, proper medical documentation, and filing the necessary forms. Understanding the process helps ensure you receive the benefits you deserve after a workplace injury.