How to File for Workers’ Comp Benefits in Texas

I'm sure you've heard the term "workmans' comp" get thrown around here and there, but do you actually know how the process works and what it means for the employee and the company? Allow me to explain how it works here in the great State of Texas.

Texas Workers' Compensation

In Texas, workers' compensation is an insurance program run by the state. It essentially provides monetary and/or medical benefits to employees who suffer work-related injuries or illnesses.

It's important to know that not every business offers workers' compensation insurance as this is not a requirement within the state.

Workers' Compensation Benefits in Texas

In Texas, there are four separate benefit options: medical, income, death, and burial.

Medical benefits are paid through your own insurance provider and will be applied only to treatment that is work related. You can see the full list of medical benefits from the Texas Department of Insurance (TDI) webpage.

Income benefits depend on whether they will be administered temporarily or for a lifetime. Temporary benefits apply to the income lost during one's time in the hospital as they are treated for a work-related injury or illness.

When it comes to lifetime income benefits, an employee must have at least one of these qualifications:

Permanent loss of sight in both eyes
Loss of both feet at or above the ankle
Loss of both hands at or above the wrist
Loss of one hand AND one foot
Spinal injury causing complete paralysis of both arms, both legs, or one arm AND one leg
Traumatic injury that results in incurable insanity
Third degree burns on at least 40% of the body OR both hands/one hand and one foot

Death benefits consist of 75% of the deceased employee's average weekly wage and can be granted to the surviving spouse and other dependents in the household. There are many possibilities for who gets death benefits that can all be viewed on the TDI webpage.

Benefits may also be given to cover the cost of burial up to $10,000, depending on the date of the injury.

How to File for Workers' Comp in Texas

If you are seeking workers' compensation at your place of employment, you must first make sure you report your injury to the company within 30 days of when the incident occurred.

Then, you must also complete a DWC Form-041 within one year from getting hurt. Send this form to the Division of Workers' Compensation in Austin and wait for further directions.