Texas Work Injury Attorney
Unlike many states, Texas does not mandate that employers purchase workers’ compensation coverage. If an employer has workers’ comp insurance, employees are subjected to a set of laws known as Workers’ Comp Laws; if an employer opts out of workers’ comp insurance, employees injured on the job are subject to what is known as Non Subscriber Laws. The Texas laws about workers comp are laid out in the Texas Workers’ Compensation Act, and at Carabin Shaw, we know the ins and outs of these laws. To learn more, visit our article on Texas workers law.
If you or a loved one becomes ill or injured at work in Texas, you may be entitled to workers’ comp benefits. However, to receive these possible benefits, you must take the necessary steps to claim this compensation. This can be difficult to navigate, so you will want the Texas workers’ compensation lawyers at Carabin Shaw on your side.Work Injury in Texas: Helpful Guidelines
When to report your claim: the first step is to report your injury claim at work to your employer. Legally, you have 30 days to report your claim before you can lose your right to collect your benefits, but it is best practice to notify your employer as soon as possible. If you wait for more than one or two days after your injury, for example, this may cause the insurance company to become skeptical.
If you develop a condition from repeated injury or stress, the moment you realize your condition is work-related marks the beginning of your 30-day notification period. Once you’ve reported your injury claim, you must fill out the official paperwork with the Division of Workers’ Compensation (DWC) within one year after your injury or accident, otherwise you could forfeit your rights to compensation. Ask a Texas work injury attorney to help you understand the process.
How to claim work injury compensation: To officially begin your claim, you must fill out the DWC Form-041, the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease. If you have difficulty answering any of the questions, flip to the back of the form where there are thorough instructions to guide you on how to best answer each question. You can also ask a Texas work injury attorney. Our knowledgeable staff at Carabin Shaw would be happy to help.
Additional assistance can be provided by contacting the Office of Injured Employee Counsel, which is a state agency separate from the DWC designed to assist employees with filing for their work injury compensation. After you report your incident, the insurance company will review your paperwork and either accept or deny your claim.
What to do if your claim is denied: If your workers’ comp claim is denied, you will receive a notification letter from the insurance company. The first thing you’ll need to do is file another form, the DWC Form-045 to ask for a benefit review conference (BRC). At a BRC, you and the insurer try to come to some sort of agreement with a benefit review officer acting as mediator. If the claim can’t be worked out at the BRC, you’ll have to go through a number of additional steps. These can be hard to work through on your own, so you need a Texas workers’ compensation lawyer to guide you.
Sustaining an injury at work is tough enough--the physical and mental pain, the road to recovery, the doctor visits, the paper work, all wrapped up in confusing Texas work injury laws. It can feel overwhelming if you try to do it alone, but a Texas work injury attorney can ease your troubles. That’s where we at Carabin Shaw come in.
Our years of experience with work injury in Texas means we are your best bet at getting the compensation you deserve. Unfortunately, not every employer and insurance company has your best interest in mind, but we do. If you or a loved one have been injured at work, call us at Carabin Shaw today.