Filing a Workers' Comp Claim in Texas
The deadlines to report a work injury and file a claim in Texas, how to file, and how to appeal a denial.
Short answer: The employee, or someone acting for the employee, must notify the employer of the injury no later than the 30th day after the injury (or, for an occupational disease, after the employee knew or should have known it may be work-related). Tex. Lab. Code § 409.001
| Deadline to report the injury | The employee, or someone acting for the employee, must notify the employer of the injury no later than the 30th day after the injury (or, for an occupational disease, after the employee knew or should have known it may be work-related). Notice may be given to the employer or to an employee in a supervisory or management position. Source: Tex. Lab. Code § 409.001 |
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| Deadline to file a claim | The employee must file a claim for compensation with the Division of Workers' Compensation no later than one year after the injury (or, for an occupational disease, one year after the employee knew or should have known it was work-related). Missing the deadline relieves the employer and insurer of liability unless there was good cause or the employer/insurer does not contest the claim. |
| How to file | Report the injury to your employer. The Division of Workers' Compensation sends a packet that includes DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, which you file with DWC within one year. Insurance carriers, not DWC, pay benefits. For help, call DWC at 800-252-7031, option 1; the Office of Injured Employee Counsel can help with disputes. |
| Appealing a denial | Disputes generally start with a benefit review conference (an informal mediation) at DWC, followed by a contested case hearing before an administrative law judge (or arbitration if elected). To appeal the judge's decision, a party must file a written request with the DWC appeals panel within 15 days after receiving the decision (not counting weekends and holidays). A party may then seek judicial review by filing suit within 45 days after the appeals panel decision is mailed. |
| Filing or checking a claim online | Report your injury to your employer within 30 days. To protect your rights, file DWC Form-041 (Employee's Claim for Compensation) with the Texas Department of Insurance, Division of Workers' Compensation (DWC) within one year: online, by mail to DWC, PO Box 12050, Austin, TX 78711, or by fax to 512-804-4378, and call a week or two later to confirm DWC received it. DWC Claims & Customer Services: 800-252-7031, option 1. Free help with disputes is available from an ombudsman at the Office of Injured Employee Counsel (OIEC). |
Where to get help in Texas
More Texas workers' compensation
- How Much Workers' Comp Pays in Texas
- Workers' Comp Settlements in Texas
- Retaliation for Filing Workers' Comp in Texas
- Suing Over a Work Injury in Texas
- Appealing a Denied Workers' Comp Claim in Texas
- All Texas workers' compensation rules
FAQ
How long do you have to report a work injury in Texas?
The employee, or someone acting for the employee, must notify the employer of the injury no later than the 30th day after the injury (or, for an occupational disease, after the employee knew or should have known it may be work-related). Notice may be given to the employer or to an employee in a supervisory or management position.
What is the deadline to file a workers' comp claim in Texas?
The employee must file a claim for compensation with the Division of Workers' Compensation no later than one year after the injury (or, for an occupational disease, one year after the employee knew or should have known it was work-related). Missing the deadline relieves the employer and insurer of liability unless there was good cause or the employer/insurer does not contest the claim.
How do you file a workers' comp claim in Texas?
Report the injury to your employer. The Division of Workers' Compensation sends a packet that includes DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, which you file with DWC within one year. Insurance carriers, not DWC, pay benefits. For help, call DWC at 800-252-7031, option 1; the Office of Injured Employee Counsel can help with disputes.
How do you appeal a denied workers' comp claim in Texas?
Disputes generally start with a benefit review conference (an informal mediation) at DWC, followed by a contested case hearing before an administrative law judge (or arbitration if elected). To appeal the judge's decision, a party must file a written request with the DWC appeals panel within 15 days after receiving the decision (not counting weekends and holidays). A party may then seek judicial review by filing suit within 45 days after the appeals panel decision is mailed.
How do I file or check a workers' comp claim online in Texas?
Report your injury to your employer within 30 days. To protect your rights, file DWC Form-041 (Employee's Claim for Compensation) with the Texas Department of Insurance, Division of Workers' Compensation (DWC) within one year: online, by mail to DWC, PO Box 12050, Austin, TX 78711, or by fax to 512-804-4378, and call a week or two later to confirm DWC received it. DWC Claims & Customer Services: 800-252-7031, option 1. Free help with disputes is available from an ombudsman at the Office of Injured Employee Counsel (OIEC).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.