About filing a workers’ compensation claim in Texas

Unfortunately, workplace accidents are rather common in Texas. If you were injured at work, your immediate step after the accident should be about seeking medical attention. You have the right to choose a doctor you want. Also, do inform your employer about the accident and your injuries, and this should be done within 30 days. To protect your rights and to know your legal options, you may want to contact a Phoenix workers’ compensation lawyer. A skilled attorney will help in navigating through the workers’ compensation system better. Here are some things to know about filing a workers’ compensation claim in Texas. 

Steps to follow

  • Like we mentioned, start by seeking medical attention. If this is not an emergency, you may still want to see an injury doctor, because the impact of the injury, or its severeness, may not be apparent right away. Let the doctor know that it was a work-related injury. 
  • The next step is to inform your employer. Note that Texas doesn’t require employers to carry workers’ compensation coverage, so if your employer doesn’t have that, you can sue them in court. Insurance companies have their ways to delay and deny workers’ compensation claims, so informing your employer at the earliest is necessary. While the deadline is 30 days, do that at the earliest. 
  • The third step is to file a claim with Division of Workers’ Compensation, and there is an electronic filing system in place. You need to file the workers’ compensation claim within a year of the accident. 

Do you need to get an attorney?

Ideally, it is wise to consult a skilled workers’ compensation attorney, to know your options. Your lawyer is your best bet for knowing the worth of your claim, damages you can recover, and some of the other relevant details. What happens if your employer doesn’t have workers’ compensation insurance? In Texas, you can sue your employer directly for failing to maintain safety at work, and when you hire an attorney, they can evaluate the strengths and weaknesses of your case. 

What happens if you are not satisfied with the settlement?

Your attorney can help you in appealing in the court against the decision of TDI-DWC. In other words, you may have options. 

When it comes to workers’ compensation claims, you have to consider taking action as soon as you get injured. Having an attorney will help in negotiating for a fair settlement.