Texas Laws

If injured on the job, standard procedures are:

1. Report injury.Anytime an injury occurs, it should be reported to the employer immediately. In Texas, injured workers have 30 days to report the injury, or they can lose their right to workers’ comp benefits. Although the law allows 30 days to report an injury, it should be done immediately. Insurance companies often deny claims simply because they weren’t reported right away. The longer the delay in reporting, the more questionable the injury seems to be. Even if the injury turns out to be serious, a delay in reporting brings into question when the injury actually occurred and whether it was at work or not.

   
   

   A report to a supervisor can be verbal or written. Obviously, a written report of injury, like an accident report, is best because it is tangible and can be used as proof that the injury actually occurred.
   
   

2. Contact IIHCto take the load of your shoulders when following the procedures below:

a. Filing a claim with Texas Workers Compensation Commission. In Texas, you have one year to file a claim with the Division of Workers’ Compensation. Failure to do so may prevent you from ever collecting workers’ compensation benefits. This requirement is met by filing form DWC-041 and turning it into TWC-DWC. Make sure when you turn it in to ask for a copy for your file. The Division will put a stamp on it marking it as “received” and that will be your proof that you filed the claim.

 

b. Seeking medical help.IIHC will find you the best medical and rehab resources to treat your injury. Get to the doctor as soon as possible,making sure all the injuries are documented. In Texas, injured workers get to select their own doctor within the Workers Compensation Network. You are not required to be treated by the company doctor.

 

IIHC will also help you:

• Expedite workers comp claims through the system

• Assess if there is cause to file a case against a third party, such as the manufacturer of the machine you were working on when you got hurt

• Negotiate the best compensation and settlement for your injuries

• Find you a worker’s compensation attorney who will assist you in the appeals process if the any of the following scenarios occur:
  
  

  • Your employer denies you were injured on the job

  • Your carrier has denied benefits

  • The carrier has disputed Impairment Ratings

  • You cannot get medical treatment

  • You are not getting paid

  • The adjustor promises benefits or care which never arrives

  • An attorney for the employer or insurance company contacts you and wants to take a deposition

Related Topics:

• Texas Employee Rights

• Texas Laws

• Benefits (Compensation)

• If Employer Denies your Claim

• Why Contact IIHC

• FAQs