If you sustain an injury at work in Austin, you may be entitled to receive the state workers’ compensation insurance, which covers the time you have been unable to work and medical expenses. However, if your employer is not subscribed to this policy and chooses to ignore your injuries, you may be prompted to file an injury lawsuit to get any compensation. You have the right to be compensated regardless of whether your employer is a subscriber or non-subscriber as long your injury is work-related.
For people who are new to the process of claiming benefits, steps involved may be too confusing to go about without some guidance. Here is a breakdown of everything you need to do when seeking compensation for a work-related injury.
Check if your employer participates in the Texas Workers’ compensation system
Unlike most states, Texas doesn’t compel employers to subscribe to the workers’ comp system. Many private employers are consequently not bound by the terms of the policy making it necessary that you check your employer’s status before making any move. A Texas injury lawyer from DC Law can help you maneuver the labyrinth of formalities involved as you seek information and outline your case if ultimately necessary.
Report your injury
Injured workers in Texas can report their injuries to a supervisor anytime within 30 days of them getting injured. This is if the employer is subscribed to the worker’s compensation system. A detailed report on the circumstances of your injury is part of the prerequisite when filing a personal injury lawsuit.
This should be irrespective of whether the injury is severe or not. If a worker sustains a minor injury that they fear might grow serious with time, reporting the injury to a supervisor or designated person will ensure their case remains valid even if a claim is filed outside the 30-day grace.
File a claim
To start your claim, you must file a DWC Form-041 with the DWC (Division of Workers Compensation). The form requires you to provide information about your employer, your work status and your injury. A guide on how to answer each question can be found at the bottom of the form. The DWC will inform your employer about your injury and the claim upon receiving the form.
If your insurance company’s employer denies your claim, the DWC can help you challenge the decision. You will be needed to attend a review benefit conference before having your dispute heard by a workers’ compensation judge.
With the procedures likely to be too complex for an ordinary worker to comprehend, hiring an injury lawyer can help you present your argument better and increase your chances of winning the case. Luckily, Texas workers’ compensation laws allow workers disputing denied injury claims to hire lawyers to represent them before the workers’ compensation judge.
If the employer is a non-subscriber
If your employer does not participate in the Texas workers’ comp system, you will need the services of an injury lawyer to sue the employer. Injury lawyers help workers follow the right channels in getting all the essential information and drafting a strong case.