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Frequently asked questions about work injuries

The Law Offices of Miller & Bicklein, P.C. |

Taking the right steps after a work injury is crucial. Along with medical bills, you may also be faced with lost wages if you’re unable to work during your recovery. In this case, filing for worker’s compensation is a must, and employees must take the proper steps to ensure their case is presented correctly. Accordingly, the Texas Department of Insurance answers the following questions.

What should I do after being injured at work?

Report the incident to your employer as soon as possible. You have 30 days to notify your employer about your injuries, which can start from the day the injury took place or the day you first realized that the injury was linked to your place of employment. You must also complete DWC Form-041, or Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, and submit it to the Texas Department of Insurance within one year of sustaining the injury. If you fail to meet these deadlines, your claim may be denied.

What can I do about a denied claim?

In the event your claim is denied, the first step is to contact your insurance carrier adjuster. If the claim is still denied, you can request a Benefit Review Conference, which entails meeting with an insurance representative to discuss the issue. You can also opt for arbitration, where a trained, independent arbitrator will listen to both sides and make a decision about the case.

Do I need an attorney?

While you’re not obligated to obtain legal counsel, having an attorney’s assistance can be greatly beneficial during the dispute resolution process. An attorney can help you compile the necessary evidence to establish your case, which can have a significant impact on the outcome.

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