Workers' comp deadlines in Texas: tell your employer and file

Tell your employer in Texas

Time limit

30 days

Counted from

The date of the injury (for an occupational disease, the date you knew or should have known the illness may be related to your job)

In writing?

The law does not require writing

If you are late

If you do not tell your employer within 30 days, you may lose your right to benefits, unless your employer, a supervisor or the insurance carrier already knew about the injury, DWC finds you had good cause for the delay, or the employer and carrier do not dispute the claim.

Illness that develops over time

For an occupational disease, the 30 days start when you knew or should have known the illness may be related to your job. The employer is the one you worked for on the date of your last harmful exposure.

Tell your employer about the injury within 30 days. You can tell your employer or any supervisor or manager. The law does not require the notice to be in writing, but a written, dated notice gives you proof.

Law: Tex. Lab. Code §§ 409.001, 409.002

Source: tdi.texas.gov

File your claim in Texas

Time limit

1 year

Counted from

The date of injury (for an occupational disease, the date you knew or should have known it was related to your job)

What to file

DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, sent to DWC (PO Box 12050, Austin, TX 78711, or fax 512-804-4378)

Claim form

Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease

Who files it

You tell your employer about the injury. You (or someone acting for you) also fill out DWC Form-041 and send it to DWC. When DWC gets the form or another notice of your injury, it opens a claim, gives it a DWC claim number, mails you information, and notifies your employer and its insurance carrier.

What your employer must do

If the injury keeps you off work for more than one day, or you report an occupational disease, your employer must report it to its insurance carrier within 8 days and give you a written copy of the report. The carrier then files the report with DWC. Every employer must tell new employees, and post a notice, saying whether it has workers' compensation insurance.

When the insurer decides

Within 15 days after it gets written notice of the injury, the insurance carrier must either start paying benefits or send you and DWC a written refusal that gives its reasons and explains your right to a benefit review conference. If the carrier does not dispute that the injury is covered within 60 days after it is notified, it loses the right to dispute it, except for evidence that could not have been found earlier.

Illness that develops over time

For an occupational disease, the 1 year runs from the date you knew or should have known the disease was related to your job.

Telling your employer is not enough. You must also send a completed DWC Form-041 to DWC within 1 year after the injury, even if you are already getting benefits. If you file late, you can lose your right to benefits unless you had good cause or the employer and carrier do not dispute the claim.

Law: Tex. Lab. Code §§ 409.003, 409.004

Source: tdi.texas.gov

Law: Tex. Lab. Code §§ 406.005, 409.005, 409.021, 409.022

Source: tdi.texas.gov

Waiting period and first payment in Texas

Waiting period

Income benefits are not paid for an injury that keeps you from earning your wages for less than one week. If the disability lasts longer than a week, benefits start on the eighth day of disability.

Paid back for the waiting days

If your disability lasts 2 weeks or longer, you are also paid for the first week.

First payment

The insurance carrier must start paying, or send a written refusal, within 15 days after it gets written notice of your injury. Benefits are then paid weekly as they come due, with interest on any late amounts. You and the carrier can agree in writing to monthly payments.

How often you are paid

Weekly

Law: Tex. Lab. Code §§ 408.081, 408.082, 409.021

Source: tdi.texas.gov

Deadline helper

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