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Questions & answers · Workers’ comp

I got hurt at work in Texas. What do I have to do to claim workers' comp, and by when?

Workers’ compHow to fileTexasChecked Nov 5, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-05 · Source: Texas Office of Injured Employee Counsel · Injured employee rights and responsibilities (leaflet REV. 06/2012) View original ↗

In short

  1. Tell your employer within 30 days.
  2. Send claim form DWC-041 to the state within one year.
  3. Send the form even if you already get benefits.

What this means

The Texas Office of Injured Employee Counsel says you must tell your employer within 30 days of the date you were injured or first knew your injury or illness might be work-related [1]. You must also send a completed Employee's Claim for Compensation form (DWC-041) to the Division of Workers' Compensation (DWC). You have one year to send it after you were injured or first knew your illness might be work-related [1]. Send the completed form even if you already receive benefits, because you may lose your right to benefits if you do not send it on time [1].

Your next step

Tell your employer in writing now and keep a copy. Fill out DWC-041 and send it to DWC (1-800-252-7031 per the leaflet). Deadlines in the source: 30 days to tell your employer; one year to send DWC-041.

Check it yourself

This leaflet is marked REV. 06/2012, so the numbers may have changed since: "Don't know yet" - confirm on tdi.texas.gov or with DWC. Texas also has employers who do not carry workers' comp coverage; the leaflet does not cover that.

Where this comes from (2)

  1. [1] Texas Office of Injured Employee Counsel · Injured employee rights and responsibilities (leaflet REV. 06/2012) · checked 2026-11-05

    You must tell your employer within 30 days of the date you were injured or first knew your injury or illness might be work-related. … You have one year to send the form after you were injured or first knew that your illness might be work-related. Send the completed DWC041 form even if you already are receiving benefits. You may lose your right to benefits if you do not timely send the completed claim form to DWC.
  2. [2] Texas Dept. of Insurance, Division of Workers' Compensation · Injured employee FAQ · checked 2026-11-05

    You must report your injury to your employer within 30 days from the date you were hurt or from the date you knew your injury or illness was related to your job.

How we found this

We matched your question to 2 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-05.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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