Filing a Worker’s Compensation Claim in Texas:

A workers’ compensation claim is filed by notifying your employer of your work-related injury. Report the injury you have sustained. The application for benefits is given to the employer.

If your employer declines to accept liability, you may call the Workers' Compensation Division (1-800-528-5166) and ask to speak to an Examiner.

You have the right to obtain the services of an attorney to handle the claim in the courts as provided by the law.

Report the injury to your employer immediately and no later than 30 days. Failure to do this will cause denial of benefits. You must also send a "Employee's Claim For Compensation for a Work-Related Injury" (DWC-041) to: Texas Dept. of Ins., Div. of Workers Compensation, 7551 Metro Center Drive, Suite 100 MS-93, Austin TX 78744-1645.

Attorney Fees Permitted are 25%, statute

Texas Worker’s Compensation Treatment:
If you are NOT in a worker’s compensation healthcare network, you can choose your own doctor. If you are in a worker’s compensation healthcare network, you must choose a doctor from the network list. Your employer must give you a copy of network list and network rules. Failure to follow the rules may result you being responsible for the medical bills. On your first visit, you should tell the doctor how the accident happened and whether the injury is work-related. There is no time limit for medical care as long as it is medically necessary and related to your work injury.

You can change treating doctor's but will need to file a "Change of Treating Doctor" form (DWC-053)

Texas Worker’s Compensation Benefits:
Income benefits replace a portion of any wages you lose because of a work-related injury or illness.

Medical benefits pay for necessary medical care to treat your work-related injury or illness.

Burial benefits pay for some of the deceased worker's funeral expenses to the person who paid the funeral expenses.

Death benefits replace a portion of lost family income for eligible family members of workers killed on the job.

Payment of income or death benefits can be made to you or your beneficiary.

Texas Worker’s Compensation Waiting Period:
The waiting period for compensation benefits after injury is 7 days.

Compensation is retroactive if disability continues for 2 weeks from the date of injury.

Texas Worker’s Compensation Contact Information:
Albert Betts, Commissioner
Department of Insurance
Division of Workers’ Compensation
7551 Metro Center Drive, Ste. 100
Austin, TX 78744-1609
 (512) 804-4000  (512) 804-4000 or  1-800-252-7031  1-800-252-7031
(Contact: Laurie Crumpton)

NOTICE: These questions and answers concern Texas law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.