Subscriber claims are handled by the Texas Department of Insurance (TDI). Administered through the Division of Workers’ Compensation (DWC). The DWC helps to coordinate work claims between the injured workers (claimants) and the insurance carrier.
Texas Workers’ Compensation claims are considered to be a no fault insurance. They generally do not look at how the accident was caused, only that it occurred in the course and scope of the employment. Additionally, the employer is protected from a claim for negligence brought by their employee (except in gross negligence resulting in death).
The Texas Labor Code requires that in most cases an injured worker must report their accident to their employer within 30 days of the date of their injury. The claim must be filed with the DWC within one year of the date of the accident. There are exceptions to these Statutes, so if you need assistance, contact someone who is experienced with Texas Workers’ Compensation claims.
The DWC will notify the employer’s insurance carrier of the filed claim. The insurance carrier has 60 days from the time they receive notice to accept of deny the claim. Not only may the entire claim denied; the denial may be regarding disability, extent of injury, medical treatment or any number of other issues.
An injured worker should always seek assistance from an experienced attorney to assist with their workers compensation claim. An experienced professional will help to avoid many of the obstacles that may arise.
Daniel L Morris The Morris Law Firm (214)357-1782 firstname.lastname@example.org