How to File a Workers’ Compensation Claim
If your employer has workers’ compensation coverage and you have been injured on the job, filing a claim is similar to filing an insurance claim. Below, we discuss the various steps you can take to file a claim.
Does Your Employer Have Workers’ Compensation?
First and foremost, find out if your employer has workers’ compensation coverage. If they do, you must file a workers’ compensation claim in order to receive any compensation for medical expenses, lost wages, and disability-based payments. If not, you would have to instead, work with an injury attorney to file a claim against your employer in court. To find out if your employer has workers’ compensation, check the Texas Division of Workers’ Compensation database.
Report Your Injury
Regardless of whether your employer does or does not have workers’ compensation coverage, you need to report your injury to your supervisor or employer as soon as possible (and in writing, if possible). Technically, you have 30 days to notify your employer, however, the sooner you report it, the more credible your claim that your injury arose on the job. If you fail to report your injury within 30 days, you may forfeit your ability to receive benefits.
Also note that, if your employer has workers’ compensation coverage, they will sometimes have a prescribed procedure and/or list of medical providers that you should rely on so that you are following any network requirements your employer has within their coverage.
Filing Your Claim
When it is time to file your claim, you will fill out the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form with the Texas Division of Workers’ Compensation online, in person, or by mail. The form must be filed within one year of the date of your injury or one year of the date that you knew or should have known that the injury occurred on the job. The mailing address for the Division is:
Texas Department of Insurance, Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100 MS-93
Austin, TX, 78744-1645
If Your Claim is Denied
Next, the Division reviews your claim and notifies both your employer and its insurance company. Your employer’s insurance company then decides whether to accept or deny the claim. If your claim is denied, you have the right to challenge that decision through the Division and request a workers’ compensation hearing in front of a judge. At this stage, you will likely need to work with an experienced workers’ compensation attorney in order to properly appeal.
Texas Workers’ Compensation Attorneys Who Care
At Michael P. Fleming & Associates, P.C., our focus is representing injury victims. If you have been injured on the job, our attorneys will investigate your claim and fight aggressively to ensure that you receive workers’ compensation benefits. If your employer does not have workers’ compensation, we work with you to bring a claim against your employer in court to ensure that you and your family are taken care of as you recover from your injury. Contact us today to find out more.
Michael P. Fleming is a highly experienced litigator who has argued and won a case before the U.S. Supreme Court. He is a Houston resident who was twice elected to serve as the Harris County Attorney. He is also an avid runner who has completed eight marathons, to date, including two in Ireland. Only a small group of Texas lawyers are Board Certified as specialists in both Personal Injury Trial Law and Real Estate Law. Michael is one of them. He also proudly holds his B.A. degree from the University of Saint Thomas and his J.D. degree from the University of Houston College of Law.