How Do I File For Workers Compensation in Pasadena TX
An injured worker must file workers’ compensation with Texas Department of Insurance, Division of Workers’ Compensation, in able for the worker to receive workers’ compensation benefits in Texas.
In order for an injured worker to make an eligible claim, there are specific procedures and timelines that must be followed.
The overview of these timelines and procedures are provided below.
Reporting The Injury to the Employer Within 30 Days
The first step after a worker has suffered a work-related injury starts with reporting to the employer about the injury within a 30 day period.
In the case that an employee fails to notify their employer, the employee can result in a forfeit of the their rights to obtain workers’ compensation.
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.
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 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
The Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form (DWC Form-041) must be completed and submitted to the Texas Department of Insurance, Division of Worker’s Compensation by the injured employee.
The one year statute of limitations must be taken account for when filing a workers’ 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.
Surviving family members, if eligible, are required to complete and submit to the Texas Department of Insurance, Division of Workers’ Compensation the Beneficiary Claim for Death Benefits form (DWC Form-042).
When filing a worker’s compensation claim, this form is required to be completed within the one year statute of limitations.
The DWC Form-042 can only be filed by the surviving family member when they are able to provide a copy of the death certificate and copies of other legal documentation.