How to File a Workers’ Comp Claim in Texas: Step by Step Guide
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Texas Workers’ Comp Is Complicated — But Your Rights Matter
If you’ve been injured on the job in Texas, you may be unsure how to start a workers’ compensation claim. Texas has one of the most unusual systems in the country — employers can choose whether to carry workers’ comp, deadlines are strict, and one mistake can delay or even deny your benefits.
This step‑by‑step guide walks you through exactly how to file a workers’ comp claim in Texas, what to expect, and how to protect your rights throughout the process.
Step 1: Report Your Injury Immediately
Texas workers must report their injury to their employer within 30 days — but waiting even a few days can cause problems.
Why reporting quickly matters:
- Employers may dispute whether the injury happened at work
- Insurance adjusters may question the severity
- Delays can lead to denied claims
How to report:
- Tell your supervisor immediately
- Report in writing (email is best)
- Keep a copy for your records
If your employer refuses to document the injury, document it yourself and notify HR.
Frequently Asked Questions About How To File A Workers' Comp Claim In Texas
You must report it within 30 days — sooner is better.
You must file Form DWC‑041 within one year.
It depends on whether your employer is in a workers’ comp network.
You may be able to sue them directly as a non‑subscriber.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
Step 2: Get Medical Treatment Right Away
You must seek medical care as soon as possible. This protects both your health and your claim.
If your employer has workers’ comp:
You may need to see a doctor in the Texas Workers’ Compensation Network. However, not all claims are subject to a controlled network. Choosing a treating doctor is one of the most important decisions an injured worker will make.
If your employer is a non‑subscriber:
You can typically choose your own doctor.
When you see the doctor:
- Explain exactly how the injury happened
- Be specific about your symptoms
- Follow all treatment recommendations
Your medical records will become key evidence in your claim.
Step 3: File Form DWC 041 With the Texas Department of Insurance
To officially start your workers’ comp claim, you must file:
✅ DWC‑041 — Employee’s Claim for Compensation
This form must be filed within one year of the injury.
What the form includes:
- How the injury occurred
- When it occurred
- Your employer’s information
- Your medical provider’s information
You can file online, by mail, or in person.
Step 4: Cooperate With the Insurance Adjuster — Carefully
After you file your claim, the workers’ comp insurance adjuster will contact you.
What you should do:
- Provide basic information
- Attend required medical exams
- Follow your doctor’s restrictions
What you should NOT do:
- Give a recorded statement
- Guess about details
- Downplay your symptoms
Insurance adjusters are trained to minimize payouts. Always be truthful — but cautious.
Step 5: Attend All Medical Appointments and Follow Restrictions
Missing appointments or ignoring restrictions can damage your claim.
Why this matters:
- Insurance may argue you’re not really injured
- Benefits may be reduced or denied
- Your recovery may be delayed
If your employer pressures you to return to work early, document it and contact a lawyer.
Step 6: Understand the Types of Benefits You May Receive
Texas workers’ comp provides several types of benefits:
✅ Medical Benefits
Covers necessary treatment.
✅ Temporary Income Benefits (TIBs)
For lost wages while you recover.
✅ Impairment Income Benefits (IIBs)
For permanent damage.
✅ Supplemental Income Benefits (SIBs)
For long‑term high impairment and transition back to work.
✅ Lifetime Income Benefits (LIBs)
For catastrophic injuries.
If your employer is a non‑subscriber, you may be entitled to far more through a personal injury lawsuit.
Step 7: Contact a Texas Workplace Injury Lawyer
Workers’ comp claims are complex. Employers and insurers often push back, delay treatment, or dispute injuries.
A workplace injury lawyer can:
- Protect your rights
- Handle communication with insurers
- Ensure deadlines are met
- Fight for maximum benefits
- Identify third‑party claims
- Represent you in disputes or hearings
At MLF Legal, our workplace injury lawyers help injured workers across Texas navigate the workers’ comp system and secure the benefits they deserve.
Don’t Navigate Texas Workers’ Comp Alone
Texas workers’ comp is confusing — but you don’t have to figure it out by yourself. Whether your employer is a subscriber or a non‑subscriber, you have rights.
📞 Injured at work in Texas? Need help filing a workers’ comp claim?
Contact MLF Legal today for a free consultation. Call 214-357-1782
You pay nothing unless we win.
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