An injured worker must file workers’ compensation with the Texas Department of Insurance, Division of Workers’ Compensation, to be able for the worker to receive workers’ compensation benefits in Texas. Specific procedures and timelines are required to be followed through for the injured worker to have an eligible claim. The following procedures and timelines are as followed.
Reporting The Injury to the Employer Within 30 Days
As soon as the injury has occurred, the first step is notifying the employer of the work-related injury within the next 30 days. In the case that an employee fails to notify their employer, the employee can result in a forfeit of the their rights to obtain workers’ compensation. Furthermore, when an injured employee has discussed their injury with their employer, it is now the employer’s job to ensure that any unsafe work conditions do not go unnoticed, to make sure that other employees are not at risk of injury. Notifying the employer also ensures that a record of the injury is kept.
Employer Notification of The Workers’ Compensation Insurance Provider
During an eight day period, if a worker has missed more than one day of work because of a work-related injury, the employer is required to notify the workers’ compensation insurance provider. The manager is required to complete and submit to the insurance provider the Employer’s First Report of Injury or Illness form (DWC From-001), as well as, deliver a copy of this report to the injured worker.
Submitting The Appropriate Paperwork
Injured employees must ensure that they have completed and submitted the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form (DWC Form-041) to the Texas Department of Insurance, Division of Worker’s Compensation. When filing a worker’s compensation claim, this form is required to be completed within the one year statute of limitations. Generally at the Division of Workers’ Compensation field office, located nearest to the individual, these forms can be found and completed by the injured worker.
Filing For Death Benefits Through Workers’ Compensation
In the unfortunate event that an employee has died because of a work-related injury or sickness, the employee’s surviving family members (i.e., children, grandchildren, spouse, other dependents and parents) can recover death benefits through workers’ compensation if they are eligible. If they are eligible, surviving family members must complete and submit the Beneficiary Claim for Death Benefits form (DWC Form-042) to the Texas Department of Insurance, Division of Workers’ Compensation. The one year statute of limitations must be taken account for when filing a workers’ compensation claim. A copy of the death certificate and copies of other legal documentation are necessary to have in order for the surviving family member to file the DWC Form-042.