If a Texas worker suffers an on the job injury, the worker has the responsibility to report that injury to initiate their Workers’ Compensation Claim. The claim must be reported not only to the employer, but also to the Texas Department of Insurance/Division of Workers’ Compensation.
Reporting Injury to Employer: In Most circumstances an injured worker must notify their employer that they suffered a work related injury within 30 days of the injury or from the day they knew or should have known they suffered a work related injury. There are exceptions to this Rule when the work relied upon medical advice that it was not work related or when the injury was trivialized by the worker.
An injury may be reported to anyone with supervisory authority over the worker. The injury is considered reported when the employer has actual notice of the injury (ie witnessed event causing injury), the employer has written notice (ie work incident report) or the injured worker verbally notified a supervisor. The employer should notify their workers’ compensation insurance carrier.
Reporting to The Division of Workers’ Compensation: The Division of Workers’ Compensation must receive written notice of a work related injury within one year of the date of the accident. The notice requirement is met when a DWC-41 form is filled out and stamped by the Texas Department of Insurance/Division of Workers’ Compensation.
The Division of Workers’ Compensation will sent notice of the claimed injury to the injured worker, employer and their insurance carrier. This will initiate a workers’ compensation claim.