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Workers’ Compensation: Filing a Claim

While most businesses in Texas are not required by law to have workers’ compensation, employers are still responsible for maintain a safe working environment, and could potentially be held liable for accidents or injuries that a worker sustains while on the job.

If you sustained a work-related injury while on the job, here are a few things you should know when filing a claim.

What Does Workers’ Comp Cover?

  • Lost Wages - Wages that are lost due to being out of work due to a work-related injury
  • Medical Care - The medical expenses incurred due to work-related accident
  • Death Related Expenses - A death of a loved one due to work-related injury, illness, or accident. Depending on the policy, funeral expenses as well as partial lost wages can be paid to the family.

What Isn’t Covered?
Workers’ compensation, doesn’t pay for injuries that are caused by non work-related incidents. Things such as self-inflicted injuries, horseplay, negligence, or intoxication are not covered under workers’ comp. Injuries caused by someone that is in no way connected to the company are also generally not covered.

If you have a work-related injury:
If you have sustained a work-related injury, you must report your injury within 30 days, in order to receive compensation. Here are some important steps to take, if you have sustained a work-related injury. 

  • Report the Injury to Your Supervisor

Report the injury immediately after it happens. They should provide you with an incident report to fill out, and help you to obtain medical attention.

  • Visit Your Medical Provider

Make sure you visit the right medical facility for the injury. Be sure to keep all medical paperwork and doctor’s notes as documentation of the injury.

  • File a Claim With the Texas Department of Insurance

File a claim with the Texas Department of Insurance, Division of Workers' Compensation. You will have to print and fill out a form called the DWC-41 form. Once completed, you must file this form with the local office of the TDI-DWC.

When filing a claim, it is important to consider carefully everything that you write down. This documentation is binding, and as there is a prevalence of fraudulent workers’ comp claims that are being made, the insurance fraud department will carefully check your form for discrepancies, so make sure everything you document is specific, accurate, and true.