How Do I File For Workers Compensation in Fort Bend 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.
Specific procedures and timelines are required to be followed through for the injured worker to have an eligible claim.
The overview of these timelines and procedures are provided 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.
Also, after the injured worker has reported the injury to their employer, it places the employer in a position notice what kinds of unsafe work conditions are present, so that they can be addressed immediately to keep other workers safe.
Reporting also produces a record of the injury with the boss.
Employer Notification of The Workers’ Compensation Insurance Provider
An injured worker’s boss must contact the workers’ compensation insurance provider if a worker is not present to his job for more than one day due to a work-related injury, and the employer must contact them within eight days.
The manager is required to complete and submit to the insurance provider the Employer’s First Report of Injury or Illness form (DWC From-001), as well as, deliver a copy of this report to the injured worker.
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.
When filing a worker’s compensation claim, this form is required to be completed within the one year statute of limitations.
Typically these forms can be picked up and completed at the injured employee’s nearest Division of Workers’ Compensation field office for the area in which they live.
Filing For Death Benefits Through Workers’ Compensation
When a worker has died as a result of a work-related accident, the worker’s family members (i.e., dependents, spouse, children, grandchildren and parents) could be considered eligible to receive death benefits through worker’s compensation.
The Beneficiary Claim for Death Benefits must be completed and submitted to the Texas Department of Insurance, Division of Workers’ Compensation by the surviving family members.
The one year statute of limitations must be taken account for when filing a workers’ compensation claim.
A copy of the death certificate and copies of other legal documentation are necessary to have in order for the surviving family member to file the DWC Form-042.