If you were hurt on the job in Texas, you might be wondering what steps to take next. You’re probably in pain, unable to work, and worried about how you’ll pay your bills. That’s a hard place to be, and you’re not alone.
At The Zimmerman Law Firm, P.C., we help injured workers across central Texas understand their rights and navigate the legal process. In this guide, we’ll walk you through how to file a workers’ comp claim in Texas, step by step.
First, Know If Your Employer Carries Workers’ Comp
In Texas, workers’ comp is optional for most private employers. That means your boss might not carry insurance at all.
Here’s how to check:
- Ask your employer directly,
- Search the Texas Department of Insurance online lookup tool, or
- Contact a workers’ comp lawyer for help if you’re unsure.
If your employer does carry workers’ comp, you’ll go through the state-regulated process. If your employer does not, they are called a non-subscriber, and your options may include a personal injury lawsuit instead.
This post explains how to file a claim under the Texas Workers’ Compensation system. Your path will be different if your employer is a non-subscriber, but we can help with that, too.
Step 1: Report the Injury Right Away
The first step is to tell your employer about the injury as soon as possible, ideally the same day.
Texas law says you must report the injury within 30 days of the accident, or you could lose your right to benefits.
You can notify your:
- Supervisor,
- HR department, or
- On-site manager.
It’s best to give written notice and keep a copy for your records. Even a simple text or email counts, just make sure there’s a timestamp.
Step 2: Get Medical Care from an Approved Doctor
Under Texas workers’ comp, you must use a doctor approved by your employer’s insurance network unless it’s an emergency.
Ask your employer or the insurance carrier for a list of doctors in their workers’ comp network. Once you’ve selected a doctor, that provider will become your “treating doctor” for the duration of your claim.
Make sure you:
- Follow the doctor’s treatment plan;
- Attend all appointments; and
- Save records of any prescriptions, notes, or work restrictions.
This medical documentation will become the backbone of your claim.
Step 3: File the DWC-041 Form
To officially file a claim, you must submit Form DWC-041 to the Texas Department of Insurance, Division of Workers’ Compensation (DWC).
You can submit it online through the DWC website, by mail, or in person at a DWC field office.
This form asks for:
- Details about your injury,
- Your employer’s information,
- Your treating doctor’s info, and
- Dates you were unable to work.
You must file this form within one year of the injury date.
If your employer or their insurance adjuster says they “took care of everything,” don’t rely on that alone. You must file your own DWC-041 to protect your rights.
Step 4: Wait for the Insurance Carrier’s Response
Once your claim is filed, the employer’s insurance company will review it. Their options at this point are to:
- Approve the claim,
- Request more information, or
- Deny the claim.
If your claim is approved, you’ll receive income benefits and medical treatment coverage. If it’s denied or if you disagree with the amount, they must send a formal explanation. At that point, you can dispute the decision. Having an attorney can make a significant difference in this type of situation.
Step 5: Understand What Benefits You May Receive
In a valid Texas workers’ comp claim, you may be eligible for:
- Medical benefits (fully covered, no co-pays or deductibles),
- Temporary income benefits (TIBs) if you miss more than 7 days of work,
- Impairment income benefits (IIBs) for long-term injuries,
- Supplemental income benefits in some cases, and
- Death benefits for surviving family members.
The amount you receive depends on:
- The severity of your injury,
- Your average weekly wage before the accident, and
- The amount of work you have to miss.
A workers’ comp attorney can help fight to ensure you get the full benefits you’re owed, especially if your claim is initially denied or underpaid.
Common Mistakes That Could Hurt Your Claim
Filing a claim can seem straightforward, but it’s easy to make missteps. Watch out for these:
- Missing deadlines for reporting or filing,
- Going to the wrong doctor (one outside the insurance network),
- Returning to work too soon,
- Not documenting your recovery, and
- Trusting the insurance company to look out for your interests.
The workers’ comp system in Texas favors employers and insurance carriers. You need someone looking out for you.
When to Call a Workers’ Comp Lawyer
You don’t have to hire a lawyer to file a claim, but in many cases, it helps. Call The Zimmerman Law Firm if:
- Your claim was denied or delayed,
- You’re not getting paid correctly,
- The doctor downplayed your injuries,
- Your employer retaliated after your injury, and
- You think your employer is a non-subscriber.
We can step in, explain your options, and handle the legal process so you can focus on healing.
Injured at Work in Texas? We’re Ready to Help.
Filing a workers’ comp claim in Texas can be confusing, especially when you’re already hurting and worried about making ends meet. You shouldn’t have to figure it out alone.
At The Zimmerman Law Firm, P.C., we’ve helped injured workers throughout Waco, Temple, Killeen, Round Rock, and Austin get the medical care and income benefits they need. And we’ll treat you like a real person—not just another case file.
Call us today for a free consultation. We’ll answer your questions, explain your rights, and help you understand how to file for workers’ comp in Texas.
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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