Law Office of Angel Davila
Personal injury

Work injuries

The first issue is whether your employer carried Texas workers’ compensation on the injury date. A benefits claim, a claim involving an employer without coverage and a claim involving a separate contractor follow different paths.

What happens next

  1. Record whom you told, when you reported the injury and how it occurred. Check employer coverage and obtain the insurer’s name.
  2. For a covered incident, discuss filing the employee’s claim with the Texas Division of Workers’ Compensation. Save any carrier notice disputing the injury or benefits.
  3. If a delivery driver, equipment maker or another company was involved, identify its role. Counsel can evaluate a possible third-party claim and how it interacts with benefits.

Timing and deadlines

For covered Texas claims, reporting to the employer is generally required within 30 days. The employee generally files Form DWC‑041 with the state within one year. Occupational disease dates and exceptions need separate review. Notify the office promptly of any denial or scheduled dispute conference.

Costs and payment

Workers’ compensation attorney fees follow special rules. Ask how benefits representation would be billed and whether a separate civil matter would have a different agreement. The Texas Office of Injured Employee Counsel offers free ombudsman help for eligible unrepresented workers with disputes.

How to prepare

  • Bring your employer’s legal name, worksite, supervisor and any written notice or confirmation of reporting.
  • Keep work status reports, provider information, job restrictions, pay stubs and benefit notices.
  • Identify staffing agencies, contractors and equipment involved at the site.

Questions and answers

I told my supervisor. Do I also file anything with the state?

For a covered claim, reporting to your supervisor and filing your own DWC‑041 are separate steps. Keep a dated copy and confirmation of filing.

My employer says there is no workers’ comp. How can I check?

Use the state coverage lookup or contact the Division of Workers’ Compensation. Search by the employer’s legal name and injury date. Bring any alternative benefit-plan documents for review.

My doctor restricted lifting, but my supervisor assigned the same work. What should I have ready?

Keep the written restrictions, the job assignment and any return-to-work offer. Tell the treating clinician what the assignment actually requires. Ask counsel or the Texas Division of Workers’ Compensation how to address a disagreement under your coverage.

Can I switch doctors under workers’ compensation?

First confirm whether the claim is in a certified network. Network and non-network claims follow different procedures for choosing or changing a doctor. Check with the network or the Texas Division of Workers’ Compensation before a non-emergency change.

A delivery driver from another company caused the injury. Why does that detail matter?

Give counsel the delivery company’s name, vehicle information, witnesses and your employer’s incident report. A lawyer can evaluate a possible third-party claim alongside any workers’ compensation benefits and explain how reimbursement issues could affect a recovery.

Let’s talk about your next step.

You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.

Contact the firm

Let’s talk about your case.

Contact the office