DALLAS ATTORNEYS HELP YOU NAVIGATE THE WORKERS COMP CLAIMS PROCESS
Our lawyers make sure you get the benefits you deserve
After you suffer a serious work-related injury, the last thing you want to do is to wrestle with the Texas workers compensation insurance process. You don’t have to go it alone. An experienced attorney can deal with the complexities of the process for you and make sure you get the benefits you deserve.
Booker & Lewis, P.C. focuses on workers compensation and personal injury claims in Dallas and the surrounding areas. Our attorneys are experienced in all phases of the Texas workers comp system, and can guide your claim through the process.
You must promptly tell your employer about your injury
You can’t delay in telling your employer that you have been hurt on the job or been diagnosed with a work-related injury. Texas requires you to inform your boss or your company within 30 days of the injury or 30 days from the day you knew or should know that you have a disease or repetitive injury arising out of your employment. Your claim can be barred if you do not notify your employer in time. Consult an experienced workers comp lawyer immediately after your injury so the attorney can make sure your employer receives proper notice before the deadline.
How do I file a Texas workers comp claim?
The workers compensation claims process in Texas is initiated by filing a DWC Form-041 — Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease — with the Texas Department of Insurance. An experienced workers comp attorney will make sure that detailed records are kept of all documents relevant to your accident and claim, including:
- A copy of all completed DWC form
- Medical reports about the injury and any prior injuries
- Records of your medical expenses
- The details of your injury, including when, where and how it happened
- Information about your employment status and wages
You also may consider filing for Social Security disability benefits if you have a permanent injury or are likely to be out of work for an extended period. Our firm is well versed in disability law, and is prepared to help you with the process.
Resolving disputes over benefits
Disputes often arise over a worker’s entitlement to workers’ compensation benefits or the amount of the benefits. There are several ways that such disputes can be resolved:
- Benefit review conference — This is an informal meeting during which a neutral third party helps the injured worker and the employer’s insurer negotiate a reasonable agreement.
- Contested case hearing — This is a formal procedure at which your attorney presents your case to an officer of the Texas Department of Insurance, who then issues a written decision.
- An appeal — If you do not agree with the result of the contested case hearing, you can appeal it to a panel from the Division of Workers Compensation. At that point, your attorney submits a written explanation of why the previous decision was wrong.
- Review in civil court — If you receive an unfavorable decision from the DWC appeals panel, you can take your claim to civil court. The court will review the decision of the appeals panel and issue a binding decision.
Contact us for a free consultation about the Texas workers comp claims process
Booker & Lewis, P.C. represents injured workers who need help navigating the Texas workers compensation insurance process. Contact us at 972.961.4467 or online for a free initial consultation about your case.