In order for an injured worker to obtain workers’ compensation benefits in Texas, he must file a workers’ compensation claim with Texas Department of Insurance, Division of Workers’ Compensation. A certain amount of procedures and timelines need to be followed in able for the worker to make an eligible claim. The overview of these timelines and procedures are provided below.
Reporting The Injury to the Employer Within 30 Days
As a preliminary matter, after an employee has been injured on the job, it is the employee’s responsibility for informing their employer about the injury within 30 days after the injury has occurred, or 30 days from learning about the injury. Failure on the part of the injured worker to notify the employer about the work-related injury can result in a loss of rights to obtain workers’ compensation benefits. Also, after the injured worker has reported the injury to their employer, it places the employer in a position notice what kinds of unsafe work conditions are present, so that they can be addressed immediately to keep other workers safe. Notifying the employer also ensures that a record of the injury is kept.
Employer Notification of The Workers’ Compensation Insurance Provider
The injured employee’s manager is required to tell the workers’ compensation insurance provider within the eight days of an employee’s absence from work of over one day, because of a work-related damage or ailment, or of learning information that a work related injury has happened. 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
The Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form (DWC Form-041) must be completed and submitted to the Texas Department of Insurance, Division of Worker’s Compensation by the injured employee. The form should be completed within the one year statute of limitations when filing a worker’s compensation claim. Typically these forms can be picked up and completed at the injured employee’s nearest Division of Workers’ Compensation field office for the area in which they live.
Filing For Death Benefits Through Workers’ Compensation
When a worker has died as a result of a work-related accident, the worker’s family members (i.e., dependents, spouse, children, grandchildren and parents) could be considered eligible to receive death benefits through worker’s compensation. The Beneficiary Claim for Death Benefits must be completed and submitted to the Texas Department of Insurance, Division of Workers’ Compensation by the surviving family members. The one year statute of limitations must be taken account for when filing a workers’ compensation claim. In order to file the DWC Form-042, a copy of the death certificate and other legal documentation are required to be established by the surviving family member.