Categories: Blog

How to Make Your Texas Workers Compensation Claim

Houston Personal Injury Attorney | The Buchanan Law Office, P.C.

August 23, 2020

Submitted by Byron Buchanan

Texas Workers Compensation is a state-regulated insurance program designed to provide covered employees with income and medical benefits when they suffer an on the job injury or illness. Private companies are permitted to elect whether or not they will subscribe to Texas Workers Compensation. In most cases, your employer is required to notify you whether or not Texas Workers Compensation coverage is provided. If your employer does not elect to provide Texas Workers Compensation, the law provides that an injured worker may seek compensation for his or her injury by filing a legal claim or lawsuit. For more information on your rights when your employer does not elect to provide Texas Workers Compensation, see our December 5, 2011 Houston Personal Injury Attorney Blog; “Injured and no Texas Workers Compensation Coverage?”

If your employer elects to provide Texas Workers Compensation, it is intended to pay medical bills and replace a portion of the injured employee’s lost wages.

You have been injured on the job, what should you do?

You must report your injury to your employer within 30 days from the date of the injury, or from the date you knew your injury or illness was related to your job. If you do not notify your employer within these 30 days, your right to obtain benefits could be lost.

You must also file a completed DWC Form-041, “Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease”, within one year with the Texas Department of Insurance, Division of Workers Compensation. If you do not file DWC Form-041 within one year, your right to obtain benefits could be lost.

How to file Texas Workers Compensation Claim.

Online forms can be completed at local field offices. You may find your field office information by clicking on the following link and locating your county name: DWC Office by County.

You also may send the completed DWC Form-041 paper form to the following address:

Texas Department of Insurance, Division of Workers’ Compensation

7551 Metro Center Drive, Suite 100 MS-93

Austin, TX, 78744-1645

Your employer is treating you differently since your work-related injury, what can you do?

If you believe you are being treated unfairly by your employer because of your injury, please contact The Buchanan Law Office, P.C., a Houston Personal Injury Law Firm. It is against the law for an employer to discriminate against you for filing a workers’ compensation claim. If you feel you have been discriminated against, treated differently, transferred, demoted or terminated, you may be entitled to money damages in addition to your Texas Workers Compensation benefits.

The Buchanan Law Office, P.C. is a Houston personal injury law firm dedicated to representing those who have suffered personal injuries as a result of the negligence of others. In addition to issues related to Texas Workers Compensation, we handle all types of personal injury litigation including wrongful death, car accidents, trucking accidents, pharmaceutical litigation, defective drug claims, recalled drug claims, refinery and chemical plant accidents, explosions, fires, and all workplace accidents.

Contact Byron Buchanan at the The Buchanan Law Office, P.C. today for a free consultation. Although our principal office is in Houston, Texas, the firm practices in all Texas State Courts. Visit our website at https://thebuchananlawoffice.com/. You can also look through our Practice Areas and see if we can help you with your personal injury claim. A profile of the firm’s founder, Byron Buchanan, is also available. Or email us at Info@TheBuchananLawOffice.com.

Some of the information in this article was obtained from the Texas Department of Insurance, Division of Workers Compensation website.

Byron Buchanan

Byron was born in Jacksonville, Florida, but was raised in the Houston area. Following his graduation from high school, Byron spent over a decade working as a refinery operator on the Houston Ship Channel. During that time, he earned a degree from the University of Houston-Clear Lake, after which he picked up stakes and relocated to Lubbock, Texas, where he earned his law degree from the Texas Tech University School of Law in 1996. While attending law school, Byron earned a position as a member and officer of its prestigious Board of Barristers, a nationally recognized trial advocacy program. After graduation, Byron began his law practice by returning to his roots and representing individuals in the workplace, earning the respect of his peers in matters related to those injured in the petrochemical industry. Byron has practiced in all areas of plaintiff's personal injury, exclusively representing injured parties in both federal and state courts. With The Buchanan Law Office, Byron continues his focus of representing individuals injured in a wide variety of personal injury matters, including refinery and chemical plant accidents, auto and trucking accidents, wrongful death claims and product defect cases. Byron is married to Katherine D'Aunno-Buchanan. They are the proud parents of five children.