TALKING WITH YOUR EMPLOYER ABOUT YOUR INJURY
To ensure that any claim you file is valid, it is crucial to report the workplace accident to your employer and seek medical treatment. You should do so within 30 days of suffering an injury on the job or being diagnosed with an occupational illness. Even if you know your employer is aware of what happened to you, you should report the accident in writing to document what happened to you, where you were injured and when, as well as your specific medical diagnosis.
You also need to be sure to tell your doctor your injury is work–related, so your physician knows to report it as required.
THE FIRST STEP TO FILE A WORKER’S COMPENSATION CLAIM
To file a workers’ compensation claim in Texas, you must report your injury or illness to the Texas Division of Workers’ Compensation within one year. This requires filing DWC Form 41, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Illness.
In most cases, you will hear from your employer or your company’s human resources (personnel) department about what benefits you are eligible to receive, including workers’ compensation benefits. In other cases, you may be left on your own to figure out what insurance you do or don’t have and whether you can expect assistance.
THE MOST COMMON REASON FOR DENIAL
Failing to meet the deadlines of the Texas workers’ compensation program can cause a claim to be denied.
Speak to your employer or HR department as soon as possible after a workplace injury. If they do not promptly provide confirmation that your medical bills will be paid, contact an experienced McAllen workplace injury attorney.
WHEN SHOULD YOU CALL A WORKPLACE ATTORNEY IN MCALLEN?
Knowing when to contact your McAllen Accident Attorney is very important, and we’ll explain why it is important to contact them and when to contact them.
If at any point your employer is not cooperating with you to ensure you are provided assistance with medical bills and other costs associated with an injury or an illness suffered on the job, you should speak with an attorney.
Texas does not require employers to obtain workers’ compensation insurance for employees, but employers in Texas still have responsibilities for employee safety.
IS A WORKER’S COMPENSATION CLAIM CONSIDERED NO-FAULT IN TEXAS?
Workers’ compensation is no-fault insurance, which means it should pay benefits regardless of how an accident occurred in almost all cases. But an employer who does not provide workers’ compensation can still be held legally liable and compelled to compensate an employee whose injury is the result of the company’s violation of workplace safety rules. Others at a job site – contractors, vendors, individual employees or other “third parties” – may be liable if their negligence led to your injury.
