Reporting a workplace injury in Texas is a crucial step in protecting your rights. When under the Texas Workers’ Compensation Act. The process is governed by the Texas Labor Code (TLC) and the Texas Administrative Code (TAC). Each outlines specific steps and deadlines for injured workers and employers.
Steps to Report a Workplace Injury
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- Notify Your Employer:
According to Section 409.001 of the Texas Labor Code, you must report your injury to your employer within 30 days of the incident. Failure to do so may result in losing your eligibility for workers’ compensation benefits. The notification can be verbal or written, but it’s best to document the report in writing for record-keeping purposes.
- Notify Your Employer:
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- File a Claim with the DWC:
To formally pursue benefits, file a workers’ compensation claim (DWC Form-041) with the Texas Department of Workers’ Compensation (DWC) within one year of the injury date, as specified in TAC Title 28, Rule 122.100.
- File a Claim with the DWC:
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- Employer’s Responsibility:
Your employer must file a First Report of Injury (DWC Form-001) with their insurance carrier and the DWC within eight days of being informed of your injury (TLC §409.005).
- Employer’s Responsibility:
Penalties for Untimely Reporting
If you fail to notify your employer within 30 days, you may forfeit your right to workers’ compensation benefits unless you can prove good cause for the delay (TLC §409.002). Employers and insurance carriers who fail to meet reporting deadlines may face administrative penalties under TAC Title 28, Rule 124.2. Penalties can include fines or sanctions imposed by the DWC.
Protect Your Rights
Navigating the reporting process can be complex. If you’re unsure about the next steps or face resistance from your employer or insurer, consult an experienced workers’ compensation attorney to ensure compliance with all legal requirements and deadlines.
