In Texas work injuries are handled differently from every other State in the United States (Oklahoma now allows for nonsubscribers). Texas is the only State which does not generally require employers to provide workers’ compensation insurance for their employees.
Employers in Texas may elect to subscribe to the Texas Workers’ Compensation system (subscriber), or they may elect to not be protected by the system (nonsubscriber). When an employee has a work related injury, they will need to know if their employer is a subscriber or a non-subscriber to determine how their claim will be handled.
If the employer is a subscriber, a claim may be started by filing an Employee’s Claim For Compensation (DWC041 form). This will provide notice not only to the Texas Department of Insurance, Division of Workers’ Compensation, it will provide notice to your employer and their insurance carrier.
If the employer is a nonsubscriber, the Division of Workers’ Compensation will not have authority over the claim for injury. Most employers will handle the Claim through their Employee Retirement Security Act (ERISA) plan. The claim is generally initiated by contacting the plan administrator.
Once the claim has been reported, the injured worker will receive notice if the claim has been accepted or denied. Regardless of the notice received, this will just be the beginning of obstacles to be crossed.
Daniel L Morris The Morris Law Firm (214)3571782 firstname.lastname@example.org