How to File a Workers Compensation Claim
If you are injured on the job, you must first report your injury to your employer and then seek medical attention. Once you have completed these important first steps, you should fill out an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041) and send it to the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC). This process must be completed within one year of the date of injury for you to have coverage for your claim.
There are three different ways to provide the information required by DWC Form 041; you can complete an interactive form and send it to the Division of Workers Compensation by mail, you can use the web-enabled form provided by the DWC, or you can call them at 1-800-252-7031 to have a paper copy of the DWC Form-041 mailed to you.
Beneficiaries of an employee who died from a work-related injury or illness or occupational illness may file a DWC Form-042, Beneficiary Claim for Death Benefits, with TDI-DWC. This form is also available on the TDI website, or you may call the number above to have a paper copy mailed to you.
It is best to file the Form-041 (or Form-042 if you are filing on behalf of a deceased employee) at a local DWC office, where you can ask for a stamped copy for your files. This will later serve as evidence if necessary that you filed your Workers’ Compensation Claim within the Statute of Limitations, which is one year from the date you were injured or knew your injuries were caused by a work-related incident. You can also fill the form out online. If you need help filling out Form-041, The Texas Department of Insurance, Division of Workers’ Compensation staff is available to answer questions. Their direct line is 1-800-252-7031.
It is often a good idea to consult an attorney after a work injury. Did you know that Texas is one of the few states that does not actually require employers to carry workers’ compensation insurance? That means your employer may not even have workers’ comp insurance. While this may be the case, it does not mean that the employer is not responsible to pay for any work-related injuries you suffered, but this will often require assistance from a lawyer. Even if your employer does carry workers’ comp insurance, you may be entitled to additional monetary recovery if a third party was involved in your injury. If you have been injured in a workplace accident and are unsure about what steps to take next, contact attorney Ronald Ramos for a no-obligation consultation.