Workers CompensationHow Do I File a Workers’ Comp Claim in Texas?

October 25, 2017by Aaron Allison

In Texas, employers are not required to carry workers’ comp insurance. This can lead to confusion for workers who are injured on the job and are seeking compensation for medical expenses and lost wages.

Workers’ Comp

To file for workers’ comp benefits in Texas, follow this guide:

  1. Report the injury to your employer. You should do this as soon as possible. You have a 30-day deadline following injury to report it. Once reported, your employer will help you get in contact with medical care professionals.
  2. File an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041) with the Texas Division of Workers’ Compensation (DWC). You can do this in person, by mail or on the DWC’s website. You have one year following the date of your accident or injury to file the form. If you do not notice your injury right away, you have one year from the date that you know or reasonably should know about your injury to file. The DWC will then notify your employer and its insurance company.
  3. If your claim is denied (and they often are), you can challenge the denial through the DWC. If you cannot solve the dispute through negotiation with the DWC, you can ask for a workers’ comp hearing before a judge.

If you reach this point and still are struggling obtaining the benefits you need, you should discuss your case with a personal injury attorney (if you haven’t already). Many personal injury attorneys in Central Texas do not handle straight workers’ comp claims. The Law Offices of Aaron Allison are proud to support the rights of injured workers and have handled many cases against major Texas employers. If you have suffered injury in a Central Texas work accident, our law firm can help you.

Aaron Allison

Aaron Allison portrait

Aaron Allison

Aaron Allison, a second-generation personal injury lawyer from Austin, follows in the footsteps of his father, who founded their firm in 1978. Admitted to practice by the Texas Supreme Court, the Federal Court for the Western District of Texas, the 5th Circuit Court of Appeals, and the U.S. Supreme Court, Aaron brings extensive legal expertise to his clients.

Specializing in personal injury cases, Aaron offers a distinct advantage for Texas workers injured on the job. With Texas workers' compensation laws leading many attorneys to avoid these cases, Aaron is one of only 40 lawyers among 95,000 in Texas who represent injured workers in straight workers' compensation cases. His firm continues to provide dedicated support for those suffering catastrophic work injuries, maintaining a proud tradition of advocacy spanning decades.