If you were just hurt on the job in Texas, two clocks are already running, and missing either one can cost you your benefits. Read the first section below before anything else.
Two deadlines to know right now
30 days — the time you have to report the injury to your employer, counted from the date you were hurt or, for an occupational disease, from the date you knew or should have known the injury may be related to your job (Tex. Labor Code Sec. 409.001). The Division of Workers' Compensation (DWC) warns that if you don't tell your employer within 30 days, you may not get benefits.
One year — the time you have to file your own claim with DWC, using DWC Form-041 (Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease), counted from the date you were hurt or, for an occupational disease, from the date you knew or should have known the disease was related to your employment (Tex. Labor Code Sec. 409.003). Telling your employer is not the same as filing this claim.
If a deadline has already passed, don't assume you're finished. The Texas Labor Code writes exceptions into both clocks — see "If you missed a deadline" below. File anyway, and say why the filing is late.
What to do first
Get medical care. In an emergency you can be treated without permission or approval from DWC or the insurance carrier.
Tell your employer about the injury right away, in writing if you can, and keep a copy. (The 30-day clock above.) Notice can be given to your employer or to a supervisor or manager.
Find out whether your employer carries workers' compensation insurance at all. Texas is unusual here — see below. You can ask your employer, or check coverage through DWC.
File your own claim with the state. Send DWC Form-041 to the Division of Workers' Compensation within one year. After you report an injury, DWC will send you a packet that includes the claim form, but don't wait on the packet if the year is running out — call DWC.
Keep records — who you told and when, every medical visit, and any paperwork from your employer or the insurance carrier.
Texas's workers' compensation agency
Workers' compensation in Texas is run by the Division of Workers' Compensation (DWC), part of the Texas Department of Insurance (TDI). DWC handles claims, medical-care rules, dispute resolution, and enforcement. Its injured-employee resources are here: tdi.texas.gov/wc/employee. You can reach a DWC customer assistant at 800-252-7031, option 1.
Who is covered in Texas
Texas does not require most private employers to carry workers' compensation insurance. Coverage for private employers is elective, and employers who choose not to carry it are called "non-subscribers." A non-subscriber must still meet certain obligations: filing an annual notice with DWC, posting notice of no coverage in the workplace, and telling employees in writing that they are not covered.
Public employers are different. Under the Texas Labor Code, political subdivisions — cities, counties, school districts, and similar public entities — must extend workers' compensation benefits to their employees (by buying a policy, self-insuring, or joining an interlocal self-insurance pool), and state employees are covered under their own statutory program.
Public construction projects are also different. When a governmental entity enters a building or construction contract, the law requires it to make the contractor certify in writing that the contractor provides workers' compensation coverage for each employee working on that public project, and every subcontractor on the project must give the general contractor the same certificate for its own employees (Tex. Labor Code Sec. 406.096). So if you were hurt building or repairing something for a city, county, school district, or the state, there should be coverage for you even though Texas leaves most private work uncovered — ask DWC to check.
If your employer is a non-subscriber, the claim system described on this page does not apply to you. TDI notes that an employee of a non-subscriber can sue the employer over a workplace injury or illness, and that the employer cannot fall back on the usual defenses (for example, arguing that the employee's own negligence caused the injury, that the employee knew about the danger and accepted it, or that a co-worker caused it). Two things about that lawsuit matter enormously, and they cut the other way:
It is not a no-fault claim. The law requires you to prove the employer was negligent (or that an employee or agent acting within the scope of their job was), which is not something you have to prove in a normal workers' comp claim (Tex. Labor Code Sec. 406.033(d)). The employer can also still defend by showing the injury was caused by your own intentional act or while you were intoxicated.
The deadline is different — and it is not the comp deadline. A suit against a non-subscriber is an ordinary personal-injury case, so it is generally governed by Texas's two-year limitations period for personal injury (Tex. Civ. Prac. & Rem. Code Sec. 16.003), not the one-year comp clock. Don't let the two systems' clocks confuse you: get advice promptly.
If you aren't sure whether your employer carries coverage, ask DWC.
The deadline to file your claim
You must send DWC Form-041 to DWC within one year to protect your rights. The year runs from the date you were hurt — or, if you have an occupational disease (a condition that builds up over time, like a repetitive-stress injury, hearing loss, or an illness from a toxic exposure), from the date you knew or should have known the disease was related to your work (Tex. Labor Code Sec. 409.003). DWC's own Form-041 says the claim must be filed within one year of the injury, or within one year from the date you knew or should have known the injury or disease may be work-related. That means a condition diagnosed years after the exposure that caused it is not automatically too late — the clock starts at knowledge, not at the first day of exposure.
Your employer's report of the injury to its insurance carrier does not substitute for your own claim. If anything about your situation is unusual, call DWC customer assistance and confirm the filing deadline before it runs.
If you missed a deadline
Both clocks have written-in exceptions. Missing a deadline is serious and you should never plan on an exception saving you — but if a deadline has already gone by, the law does not automatically shut the door:
The 30-day notice to your employer. Failing to give notice on time relieves the employer and its insurance carrier of liability unless (1) the employer, a supervisor or manager, or the insurance carrier had actual knowledge of your injury; (2) DWC determines that good cause existed for the late notice; or (3) the employer or carrier does not contest the claim (Tex. Labor Code Sec. 409.002). If you told a supervisor informally, if your boss saw the accident happen, or if there is an incident report, that can be actual knowledge.
The one-year claim filing with DWC. Failing to file on time relieves the employer and its carrier of liability unless (1) good cause exists for not filing in time, or (2) the employer or carrier does not contest the claim (Tex. Labor Code Sec. 409.004).
Whether "good cause" exists is decided case by case, so file the claim anyway, explain in writing why it is late, and gather anything showing your employer already knew about the injury. Call DWC at 800-252-7031, option 1, or the Office of Injured Employee Counsel (below) — their help is free.
Medical care: who picks your doctor
It depends on whether your employer's insurance carrier uses a certified workers' compensation health care network:
Network claims. If you live in the network's service area, you choose your treating doctor from the network's provider list. You have 14 days from the date you get notice that you're in a network to choose a treating doctor; if you don't, the network assigns one. You may change treating doctors once without approval (the new doctor must be on the network's list); after that, the network must approve the change. Except in an emergency or with prior approval, care from outside the network may not be paid for.
Non-network claims. You may choose your own treating doctor, as long as that doctor is not on the list of providers who aren't allowed to provide workers' compensation health care. To change treating doctors later you generally need DWC approval and must show good cause, using DWC Form-053 — except that if you or your doctor moves, or the doctor becomes unavailable, you can choose another treating doctor without DWC's permission.
Either way, emergency treatment does not require prior approval from DWC or the insurance carrier.
Wage-replacement benefits
If your injury costs you wages, you may qualify for Temporary Income Benefits (TIBs):
Amount: TIBs are generally 70% of the difference between your average weekly wage before the injury and what you are able to earn after it. A higher rate — 75% of that difference — applies only if you earned less than $10 an hour before the injury, and only for the first 26 weeks; after 26 weeks the rate drops to the standard 70% (Tex. Labor Code Sec. 408.103(a)). So don't plan a long recovery around the 75% rate — ask DWC what your rate will be and when it changes.
Waiting period: TIBs are available if the injury causes you to lose some or all of your wages for more than seven days — they begin once your injury causes you to miss an eighth day of work. The first week is not paid unless your disability lasts 14 days or more, in which case you are paid for that first week too.
Maximum and minimum: Texas sets statewide maximum and minimum weekly benefit amounts that are recalculated every year. Because they change annually, don't rely on a dollar figure you see printed anywhere — use DWC's benefits estimator or call DWC for the current amount.
If your injury causes lasting impairment
Once you reach maximum medical improvement, a doctor assigns an impairment rating, and other benefit types may follow:
Impairment Income Benefits (IIBs) — paid based on your impairment rating: three weeks of IIBs for each percentage point of impairment.
Supplemental Income Benefits (SIBs) — may be available after IIBs end if your impairment rating is 15% or more, you have not returned to work or are earning less than 80% of your average weekly wage as a direct result of the impairment, you did not commute (cash out) part of your IIBs, and you have made a good-faith effort to find work you're able to do.
Lifetime Income Benefits (LIBs) — paid for life, but only for a specific, narrow list of severe injuries set out in the Texas Labor Code.
Each category has its own eligibility rules and paperwork. DWC or the Office of Injured Employee Counsel (below) can walk you through which one fits your situation.
If your claim is denied or disputed
Texas resolves workers' comp disputes inside DWC's own process rather than in a general court, roughly in this order:
Benefit Review Conference (BRC) — an informal, mediated meeting to try to settle the dispute. You request one with DWC Form-045.
Contested Case Hearing (CCH) — a formal hearing before a DWC administrative law judge if the BRC doesn't resolve things.
Appeals Panel — reviews the written record; it does not hold a new hearing. You have 15 days to file a written appeal of the hearing decision. DWC counts those 15 days without Saturdays, Sundays, or the state holidays listed in the Government Code, and the clock starts when you receive the decision (five days after it was mailed by regular mail, or the day it was faxed or sent electronically). Don't cut it close — file as early as you can. You also have 15 days to respond if the other side appeals.
Judicial review — after the Appeals Panel decision, the dispute may go to court, and this is the deadline that ends the case for good. Suit must be filed no later than the 45th day after the date DWC mailed you the Appeals Panel's decision (Tex. Labor Code Sec. 410.252(a)). The law treats the mailing date as the fifth day after the decision was filed with the division, so count carefully — the 45 days can start running before the envelope reaches you. The statute also fixes which county you must sue in, and filing in the wrong court can cost you time you don't have. If you are heading toward judicial review, get advice well before day 45.
Where to get free help in Texas
DWC customer assistance — 800-252-7031, option 1, for questions about your claim, the forms, and the dispute process.
Office of Injured Employee Counsel (OIEC) — a separate state office whose ombudsmen help injured employees for free, including with disputes against an insurance carrier: oiec.texas.gov, 866-393-6432.
Local legal aid organizations — if you qualify based on income, a legal aid program in your area may be able to help or refer you.
This article provides general legal information, not legal advice.
Frequently asked questions
How long do I have to report a work injury to my employer in Texas?
30 days from the date you were hurt, or - for an occupational disease - from the date you knew or should have known the injury was job-related. DWC warns that if you don't tell your employer within 30 days, you may not get benefits. But the law does not bar every late report: under Texas Labor Code Sec. 409.002, late notice does not defeat your claim if the employer, a supervisor or manager, or the insurance carrier already had actual knowledge of the injury, if DWC finds good cause for the delay, or if the employer or carrier doesn't contest the claim.
How long do I have to file a workers' comp claim in Texas?
One year, by sending DWC Form-041 to the Division of Workers' Compensation. The year runs from the date you were hurt or, for an occupational disease, from the date you knew or should have known the disease was related to your work (Sec. 409.003) - so a repetitive-stress or toxic-exposure condition diagnosed later is not automatically too late. This is separate from - and in addition to - telling your employer within 30 days. If you miss the year, Sec. 409.004 still allows the claim if good cause exists for filing late or the employer or carrier doesn't contest it, so file and explain the delay rather than giving up.
Can my employer in Texas choose not to have workers' comp insurance?
Yes. Texas doesn't require most private employers to have workers' compensation. Employers who opt out are called non-subscribers, and they must notify DWC and tell employees in writing. An employee of a non-subscriber can sue the employer over a workplace injury, and the employer loses the usual defenses (your own negligence, assumption of risk, a co-worker's negligence) - but you must prove the employer was negligent, and that suit is generally subject to Texas's two-year personal-injury deadline rather than the one-year comp clock. Public employers, by contrast, must provide coverage, and contractors and subcontractors on a governmental entity's building or construction project must cover their employees on that project (Sec. 406.096).
Who chooses my treating doctor in a Texas workers' comp claim?
It depends on whether the insurance carrier uses a certified workers' compensation health care network. In a network you choose from the network's provider list, and you have 14 days from notice to pick a doctor or one is assigned. With no network, you may choose your own doctor as long as they aren't barred from workers' comp care; changing later usually requires DWC approval (DWC Form-053).
What happens if my Texas workers' comp claim is denied?
You use DWC's dispute process: a Benefit Review Conference, then a Contested Case Hearing, then an appeal to the Appeals Panel, and possibly judicial review after that. You have only 15 days to file a written appeal of a hearing decision (weekends and state holidays don't count), and only 45 days after DWC mails the Appeals Panel decision to file suit for judicial review - with the mailing date counted as the fifth day after the decision was filed with the division (Sec. 410.252). OIEC ombudsmen can help you for free.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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