How Do I File For Workers Compensation in Harris TX
In the state of Texas, an injured worker must file a workers’ comp claim with Texas Department of Insurance, Division of Workers’ Compensation, and then they will be able to obtain workers’ comp benefits.
In order for an injured worker to make an eligible claim, there are specific procedures and timelines that must be followed.
These procedures and timelines are located below.
Reporting The Injury to the Employer Within 30 Days
As soon as the injury has occurred, the first step is notifying the employer of the work-related injury within the next 30 days.
If the worker fails to report the injury to their employer, then the employee can risk forfeiting any rights to receive workers’ compensation benefits on their injury or sickness.
Once an injured worker has notifying their employer, it is then the employer’s responsibility to be on the lookout for unsafe work conditions, that way other workers are kept safe.
Notifying the employer also ensures that a record of the injury is kept.
Employer Notification of The Workers’ Compensation Insurance Provider
The injured employee’s manager is required to tell the workers’ compensation insurance provider within the eight days of an employee’s absence from work of over one day, because of a work-related damage or ailment, or of learning information that a work related injury has happened.
The Employer’s First Report of Injury or Illness form (DWC Form-001) must be completed and submitted to the insurance provider by the employer, with a copy of this report provided to the injured employee.
Submitting The Appropriate Paperwork
Injured employees must ensure that they have completed and submitted the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form (DWC Form-041) to the Texas Department of Insurance, Division of Worker’s Compensation.
The form should be completed within the one year statute of limitations when filing a worker’s compensation claim.
Usually you can find such forms at the nearest Division of Workers’ Compensation field office in the county that you are located in.
Filing For Death Benefits Through Workers’ Compensation
In the misfortunate event that an employee has died because of a work-related injury or sickness, the employee’s surviving family members (i.e., children, grandchildren, spouse, other dependents and parents) can recover death benefits through workers’ compensation if they are eligible.
If they are eligible, surviving family members must complete and submit the Beneficiary Claim for Death Benefits form (DWC Form-042) to the Texas Department of Insurance, Division of Workers’ Compensation.
The form should be completed within the one year statute of limitations when filing a worker’s compensation claim.
In order to file the DWC Form-042, a copy of the death certificate and other legal documentation are required to be established by the surviving family member.
What If I Had A Pre-Existing Injury in Harris?
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