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How to File a Workplace Injury Claim

December 15, 2012 | Workplace Injuries

If you were hurt or injured on the job, you’ve likely had to miss work, pay costly hospital bills, and endure much pain and suffering. You can seek compensation for these items and more by filing a workplace injury claim against your employer.

When you’re injured at work, you have two options for filing a workplace injury claim:

1. If your employer has worker’s compensation coverage, you can file a claim through Texas Worker’s Compensation and seek payment for your medical bills and lost wages.

2. If your employer does not have worker’s compensation coverage, you can file an injury claim against them directly in civil court and seek compensation for your medical costs, lost income, pain, suffering, and other damages. Though this type of claim may be able to garner you more money than one filed through Texas Worker’s Compensation, it will require you to prove your employer was at fault in causing or contributing to your injury.

Filing a Claim through Worker’s Comp 

If your employer carried Worker’s Compensation Coverage, you will need to file your claim through the Texas Department of Insurance – Division of Worker’s Compensation. In order to do so, you will first need to notify your employer of your injury within 30 days of the incident. Then, you will need to fill out a DWC Form-041, also called an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, and submit it to the Division. This form must be filed within one year of the date your injury happened.

A workplace injury claim filed through worker’s comp could earn you benefits for:

  • Income and wages – If you lose income due to your workplace injury, you can be compensated for these through worker’s comp. Additionally, if you are permanently impaired or unable to work because of the injury, you may also receive lifetime income benefits.
  • Medical costs – If you’ve incurred expenses while caring for and treating your workplace injury, worker’s comp may compensate you for these. It may also provide funds for any future treatments or medical bills.
  • Burial and death expenses – In the event a workplace accident leads to death, worker’s comp may cover funeral and burial expenses, as well as any income lost due to the death.

For help filing your workplace injury claim through Texas Worker’s Compensation, contact a San Antonio workplace injury lawyer near you.

Filing an Injury Claim without Worker’s Comp

If your employer does not have worker’s compensation coverage, and you opt to file a workplace injury claim against them, you will need to contact a local injury lawyer to guide you through the legal process. In order to win your claim, you will need to prove that negligence on the part of your employer led or contributed to your damages and injury. Your lawyer will be able to help you gather evidence and line up witness testimony in order to prove your case.

Evidence that could help prove your employer’s fault in your workplace injury claim includes:

  • Medical records regarding your injuries.
  • Testimony from any colleagues or coworkers who may have witnessed the incident.
  • Testimony from medical experts on how your injury will affect your life and your ability to work.
  • Photos of the accident scene, your injuries, or any hazardous conditions that may have led to the accident.
  • Copies of any documents, such as company procedures, policies, emails, handbooks, and more that may support your claim.

Are you considering filing a workplace injury claim against your employer? Contact the San Antonio personal injury attorneys at Law Offices of Pat Maloney to speak to an injury attorney about your case today.