While the last thing you may want to do after sustaining an injury or dealing with an illness is paperwork, it’s important to file your workers’ comp claim as soon as possible. In Texas, employees only have one year to file a claim after the accident occurs. For a disease or illness, employees have one year from the date on which they knew the ailment was work-related to file a claim.
How to File a Claim
The first step in filing a workers’ comp claim is to inform your employer. You must give your employer time to address your concern, so you should report your injury within 30 days. The Texas Workforce Commission breaks down the timeline and paperwork for this kind of report.
Secondly, you must file your claim with the Texas Department of Insurance. Ideally, your employer will file the claim for you, but it is ultimately your responsibility to make sure this part of the process is taken care of. You can file your claim via phone at (800) 252-7031 or by email at email@example.com
Because Texas is the only state that does not require an employer to have workers’ compensation coverage, the statute of limitations for claims is especially strict. Missing the time limit generally means missing out on any compensation your employer and their workers’ comp. insurance may have owed you. This is spelled out in Chapter 409 of the Texas Labor Code.
With any rule, however, there are usually exceptions for extenuating circumstances. If you have missed the time limit, or just want to make sure you’re filing in time, a free consultation with The Law Offices of George P. Escobedo & Associates, PLLC may be the next step. You can also speak with our attorney at (210) 807-3178.