You have the right to file a work-related injury claim in Texas. The state’s process of filing claims includes multiple steps of notifying key players and meeting the timeframes for filing. By completing both aspects correctly, you have a greater chance of having your claim approved and approved faster.
Remember that though there are state-determined timeframes for filing your claim, do not assume that if you miss the injury reporting deadline, you are no longer eligible to file your claim. You have 365 days (one year) to file your claim, even if you miss your reporting date. However, your claim may take a longer time to process if you miss the initial reporting deadline. So, it’s best to complete each step on time.
Receiving your benefits requires the cooperation of both the employer and the employee. Still, it is the employee’s responsibility to notify their employer or other management on site of their injury, preferably at the time of injury or soon after.
Moreover, no matter if the employer tells the insurance carrier directly, the employee is still responsible for filing their claim in the immediate one-year period following the injury.
For more information on the complete process of filing a claim for workmans comp in Texas, continue reading. If you are looking for more information about workmans comp in Texas, read it here https://cerity.com/texas-workers-comp/.
Report Your Injury to Your Employer Within Thirty Days of The Injury
In Texas, employees have 30 days to report work-related injuries to their employers. Employers must file a claim with the worker’s compensation department. The employee has a year to submit this claim or within one year of being aware of, or should have been made aware of, the work-related injury or illness.
Most Employees Are Not Required to Have Coverage for Employees in Texas
It is not a legal requirement for most employers to possess workman’s comp in Texas, so do not assume you are automatically covered. Verify the state laws about your line of work to see if your employer is an exception to the rule. No matter where they fall, they may still have workmans comp in Texas by choice. In this case, you can presume that you will receive benefits for your pain and suffering. Aim to report your injury immediately to proceed with the claims filing process.
Filing Your Claim Under Workmans Comp in Texas Is A Complex Process
After reporting your injury to your superior, contact the state’s Department of Insurance Division of Workers’ Compensation. Inform them of your injury and the need to file. You will get a packet in the mail with forms you can complete to start the process.
Be Aware of Critical Forms When Filing Your Claim
When you receive your forms in the mail, they will come with instructions on how the paperwork is to be completed. Once everything is completed, you are to mail the paperwork to the address specified in the instructions. At this point, you have done your part in filing your claim and starting the process of receiving benefits under workmans comp in Texas.
As you complete your paperwork, note that a critical form to be aware of is the DWC Form-041. This is the “Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease.” This form must be mailed to complete your filing requirements and to ultimately receive your benefits under workmans comp in Texas.
The Importance of Working with An Attorney Must Not Be Understated
Filing your claim is a complex process that requires the help of a personal injury attorney. Insurance carriers are tasked with finding reasons to dispute your claim and to reduce what you receive in income benefits. By receiving legal assistance from a skilled attorney, you can verify that your paperwork is completed correctly to get the workmans comp in Texas benefits you’re entitled to.
Whenever you are presented with legal obligations, working with a qualified attorney is in your best interest. For claims filing and processing assistance under workmans comp in Texas, hiring a workman’s comp attorney can ensure that you submit your claim for the best outcomes. The paperwork is intentionally complex, and this is to help insurance carriers identify reasons to dispute the claim or limit the benefits the worker is entitled to receive.
It is also essential to involve an attorney in matters where the employer must have state workmans comp in Texas. There are some exceptions to the general rule that employers do not have to have coverage for their employees. For example, your attorney can inform you that your Texas employer must have insurance coverage through workmans comp in Texas if they:
- work for the government
- are involved in inmate work furlough programs
- are involved in other public and state positions that are exceptions to the rule and require coverage in the state.
Insurance Carriers Intend to Dispute Claims and Limit Benefits
Remember that insurance carriers will review all the details of your claim to reduce the workmans comp in Texas benefits you’ll receive. For this reason, you need the help of a qualified worker’s comp attorney to minimize the possibility of error before submitting your paperwork. You must understand how the state defines workmans comp in Texas to defend your rights when insurance carriers look for loopholes in your paperwork.
Your attorney can let you know more about your employee rights. You’ll likely be informed that Texas considers workers’ comp as an insurance program regulated by the state to provide financial compensation for medical bills and lost wages if the employee suffers from a work-related injury or illness. Note that if this injury or illness results in the worker losing partial or total income for more than one week, they are entitled to receive benefits for lost wages.
Get The Benefits You Deserve
You deserve to understand your rights under workmans comp in Texas. Reach out to a firm specializing in workman’s comp cases in Texas to get the benefits you deserve. Together, you can strategize how to defend your rights and ensure your paperwork is submitted correctly to avoid disputes.