Requirements of a Workers Compensation Claim
Updated: Aug 13, 2019
Here in Texas, it is not mandatory for an employer to carry workers compensation insurance coverage. However, if your employer does carry coverage, an injured worker is offered various benefits and protections afforded to them by the insurance carrier. Unfortunately, many claims are denied for even the slightest reasons. Therefore, you must be aware of the process before pursuing your workers compensation claim.
If you work for an employer that does carry workers compensation coverage, you must give notice to your employer of your workplace injury within 30 days of the incident, or you may lose your right to collect benefits. Reporting the injury within this timeframe is extremely crucial. Even if you can prove that your injury occurred on the job, if you do not report the injury within 30 days, proof of the injury does not matter.
Many times insurance companies will be searching for any reason to deny your claim. A delay in reporting the injury or seeking medical treatment can give reason for the insurance company to deny a claim. It’s important to know that once you sustain an injury at work, you should report the injury immediately. You must also see a doctor within the appropriate healthcare network, either one provided by your employer or chosen from the Texas Division of Workers’ Compensation.
Employers should assist an injured worker with filing a workers compensation claim but if they do not, it is your responsibility to file your claim within the 1-year deadline or run the risk of losing your benefits. You can do this by hiring an attorney or filling out forms with the division of workers compensation office in your local area. A claim is typically denied outright if your injury is proven to be non-work related.