If you were hurt on the job in Texas, filing a workers’ comp claim is often the first step toward protecting your income and receiving medical care. While workers’ compensation is designed to help injured employees without requiring proof of fault, the process still follows strict rules and deadlines. A simple mistake early on can delay your benefits or lead to an unfair denial.
Learning about how to properly file your claim can help you avoid unnecessary setbacks and focus on your recovery.
Step One: Report the Injury to Your Employer
The first thing you must do after a work injury is report it to your employer. Texas law generally requires injured workers to notify their employer within 30 days of the accident or the date they discovered a work-related illness. Waiting too long can jeopardize your right to benefits entirely.
When you report the injury, provide basic facts about how and when it occurred. You should also stick to the facts and avoid speculation. If possible, report the injury in writing so there is a clear record.
Step Two: Seek Medical Treatment
Once your injury is reported, you should seek medical care right away. If your employer carries workers’ compensation insurance, you may be required to see a doctor within the insurance carrier’s approved network. However, emergency care is always allowed in these cases, regardless of network rules.
Medical records play a major role in your claim. Make sure all treatment is clearly documented and that your doctor understands the injury is work-related.
Step Three: File Your Claim With the State
In most cases, your employer and/or its insurance carrier will begin the claim process. Still, it is your responsibility to make sure the claim is formally filed with the Texas Department of Insurance, Division of Workers’ Compensation (DWC). This is done using a DWC Form-041.
To file the claim, you will need basic information such as:
- Your employer’s name and contact information
- The date, location, and description of the accident
- The nature of your injuries
- The medical treatment you received
You typically have one year from the date of injury to officially file your workers’ compensation claim with the state.
Why Hire Cal Mundell Law Firm, PLLC To Help Me With My Workers’ Compensation Claim?
While workers’ compensation is supposed to be a no-fault system, injured workers often face delays and sometimes outright denials from insurance carriers. Also, you may be able to file a personal injury lawsuit in some cases for additional compensation over and beyond what workers’ comp provides, such as for pain and suffering.
At Cal Mundell Law Firm, PLLC, our team personal injury attorneys in El Paso can help by:
- Making sure your claim is filed correctly and on time
- Gathering medical and wage evidence to support your benefits
- Challenging denied or delayed claims
- Representing you at hearings and benefit disputes
- Protecting your rights if your employer is a non-subscriber
- Filing a personal injury lawsuit on your behalf if possible
Attorney Cal Mundell was born and raised in El Paso and has recovered millions of dollars for injured workers and accident victims across Texas. We’ll work just as hard on your case if you hire us to represent you.
Contact Our El Paso Workers’ Compensation Lawyer for a Free Consultation
If you were hurt on the job and have questions about your workers’ compensation rights, Cal Mundell Law Firm, PLLC is here to help guide you through the process and protect your future. Schedule a free consultation with our workers’ comp lawyer in El Paso, Texas, today by calling (915) 250-0700 or by contacting us online.