Workers’ compensation timeline in Texas

Texas is the only U.S. state where private employers can choose not to carry workers’ compensation insurance. That single fact changes what an injured worker should do in the first 30 days.

Step 1: Find out if your employer is a subscriber

A "subscriber" carries workers’ compensation. A "non-subscriber" does not. Subscribers participate in the no-fault state system. Non-subscribers can be sued directly for negligence and lose certain common-law defenses. The path forward depends entirely on which one your employer is.

Step 2: Report the injury immediately

Texas law gives you 30 days to report a workplace injury to your employer in writing. Sooner is always better. Late notice is the most common reason claims get denied. Keep a copy of the report.

Step 3: Get medical care

In a subscriber’s system, you may have to use a doctor within the employer’s certified health-care network. Outside emergencies, going to the wrong doctor can lead to unpaid bills. In a non-subscriber case, choose your own doctor.

Step 4: File the formal claim

For subscriber claims, you must file Form DWC-041 with the Division of Workers’ Compensation within one year of the injury. For non-subscriber cases, you generally have two years from the date of the injury under Texas’ personal-injury statute of limitations.

Step 5: Watch for a third-party claim

If a person who does not work for your employer caused or contributed to your injury (a contractor, a delivery driver, the manufacturer of a defective machine), you may have a separate third-party personal-injury claim on top of workers’ comp. Third-party recoveries are not capped the same way.

If you were hurt at work, call us before signing anything from the insurance carrier or the employer. Many workplace injuries are eligible for both workers’ comp benefits and a separate negligence case - we look at both.