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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Workers' Compensation in Texas

Workers' compensation is different in Texas than it is in other states. That leads to a lot of confusion among victims of work-related injuries since they don't know when they can get income benefits. 


Naturally, the best way to get money after suffering an injury while working is to file a workers' compensation claim. Regardless of that, victims need to know when they can do that and how the process goes. 


This page explains the process of filing a workers' compensation claim in Texas. However, the reader will learn more about the benefits and insurance system in the state. 


Victims looking for workers' compensation coverage in Dallas, Texas, can count on Schuerger Shunnarah Trial Attorneys. This law office focuses on workers' comp cases and is experienced in them. 


Since Schuerger Shunnarah Trial Attorneys works with former insurance company lawyers, it knows what its opponents in court will do before they do it. This is especially helpful in workers' compensation cases since the victim needs to directly negotiate with the insurance carrier. 


Anyone can schedule a free consultation with this law firm through its website. They can also discuss how to file a lawsuit for wrongful death in Texas.


Is It Mandatory to Carry Workers' Compensation Insurance in Texas? 

Is It Mandatory to Carry Workers' Compensation Insurance in Texas? 


Unlike other states, carrying workers' compensation insurance is not mandatory in Texas. There are specific exceptions to this rule, but most private employers can work without workers comp.


This doesn't mean victims of a work-related injury can't sue anyone to get compensation. They can still file a personal injury lawsuit. 


Even if employers don't have to offer workers' compensation coverage if they don't want to, they still need to file a form with the Texas Department of Insurance to let the state know about that. 


It's worth noting the Texas workers' compensation law applies to all cities within the state. Hence, a Houston workers' compensation lawyer still needs to follow the same process and regulations Dallas attorneys comply with. They will also consult on how to file a lawsuit for premises liability in Texas.


About the Texas Workers' Compensation System 

The first thing you should know about the Texas workers' compensation insurance system is that, as mentioned before, it's not mandatory. Only public employers and government contractors need to carry workers' comp insurance. 


That doesn't mean other private employers can't have it, just that they don't need to. It's worth noting there are exceptions in which employees can't access these benefits even if their employer offers them. 


Domestic workers, for example, are exempt from workers' compensation. The same happens with casual employees and people working on small farms and ranches. 


Employees covered by specific federal rules are exempt from local compensation, too. When Texas employers don't carry workers' compensation insurance, victims can sue them directly. 


What Are the Workers' Compensation Benefits in Texas? 


The workers' compensation benefits in Texas are similar to the ones people would see in other states. First, victims can get medical and income benefits for lost wages and hospital bills. 


However, it's worth noting this only applies to injuries that keep injured workers from doing their jobs. Families can ask for workers' compensation death benefits for burial expenses if the victim dies. 


The workers' compensation insurance carrier is the one in charge of determining how much money the victim will get for their workplace injuries. If they make an unfair decision, employees can appeal it.


Learning How to File a Workers' Compensation Lawsuit in Texas

Learning How to File a Workers' Compensation Lawsuit in Texas


If employers carry workers' comp insurance, victims can legally ask for compensation for any on-the-job injury. The problem with this is that the ones in charge of grating those benefits are prone to denying requests. 


Therefore, it's important for people suffering from a workplace injury to follow every step of the legal process to get compensation. Here is a list of the things people have to do to get workers' comp: 


Report the Injury 

The first thing to do after getting a workplace injury is to report it to the victim's employer. While doing so, they should also hire a workers comp lawyer in Dallas to help. 


Victims of a work-related injury have within one year from the date of the accident to file a workers' comp claim. If they go over that deadline, they can't get the financial compensation the law grants them. 


Seek Medical Attention 

Once the victim reports the injury to their employer, they should seek medical attention. This is an essential part of the process since the results of the examination the doctor performs will tell the victim how much money they need to cover the whole treatment. 


Besides that, if a doctor says someone needs to rest to recover from the injury, they can add lost wages to the workers' comp claim. Medical records are always excellent evidence in lawsuits. 


Fill Out and File the DWC Form-041 

The official Texas workers' compensation form is called the DWC Form-041. People can get it from their employer or the Texas Department of Insurance (TDI) website


Filling it out will only take a few minutes. Victims need to specify the details about the injury, where they got it, how they got it, when it happened, employer information, and any witnesses of the accident. They can later submit it by mail, online, or by going to the TDI regional office. 


Communicate with the TDI and Employer 

After filing the form, victims need to keep communicating with the TDI and their employer to know the status of the claim. During that process, the insurance carrier will investigate the accident and the evidence of what happened. 


If the insurance company accepts the claim, the victim will start receiving the benefits they asked for. The details of how they will get them will be provided by the employer or insurance representative.


Appeal the Decision 

People have the right to appeal the insurance carrier's decision to deny the claim. They have to do it through the TDI dispute resolution process. 


Conclusion - Schedule a Free Consultation with a Workers' Compensation Lawyer Now!


The statute of limitations for a workers' compensation claim is only one year. Hence, victims need to act quickly to get the financial benefits they need to heal from their injuries. 


Qualified lawyers know how to handle this situation quickly and in the best way possible. Even if it's not a lawsuit against a negligent person, people still need legal advice to go through this process successfully. Schuerger Shunnarah Trial Attorneys is available to help people in Dallas, TX, get the compensation they are looking for.

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